The Gazette 1974

that the present system is too rigid, and that a Judg e should have more discretion in relation to the transfer of cases from one venue to another. The recommenda- tion that appeals which are settled or withdrawn should be ruled on before the High Court in Dublin on an ex parte application is fully supported. High Court Trials in Country Venues The recommendations of the Committee are fully supported. In so far as Jurors are concerned if the Hig° Court sits only in the venues mentioned in Recommen- dation 151, then it should be possible to have the Jury List confined to Jurors who are resident within an area of five miles of the centres named. The number 01 High Court actions held at country venues are not many, and hence the calls upon Jurors in this respect will not be great. Other Recommendations The general recommendations under this heading are supported and in the view of the Society should be implemented. Memoranda of Dissent The Memoranda of Dissent of His Honour Judg e J. C. Conroy and of the late Mr. E. C. Micks and Mr. J- McMahon is noted. The society support the Dissenting Memorandum of His Honour Judge J. C. Conroy and in particular paragraphs 10, 11, 12, 13 and 14 thereof- The important agreed fact is that the present system has operated efficiently, and as Judge Conroy points out m paragraph 6 of his report, "in the absence of any evidence that the existing system is inefficient or un- workable, any change should be limited to those neces- sary to ensure efficiency and the expeditious disposal of the business of the Court'. The Society fully approves of this statement and is forced to the conclusion, having regard to the views of members of the profession through the country, that the only break-down in the present system of any real consequence arose through the non-availability of Judges to deal with the work listed for hearing. Without over-simplifying any prob- lem, it is the view of the Society that any difficulty which has arisen could have been avoided and the objectives of the Committee could all be realized in the existing systems with less additional expense by having an adequate number of Judges and adequate Court accommodation available at all times. Circuit Court Rules The Society feels it should comment on the fart that no recommendations have been made toward* consideration of the up-dating of the Circuit Court Rules. The Society is aware of the fact that new Vif trict Court Rules are pending which will assist i n simplifying the existing system in the District Court without any great fundamental changes, but there is indication of any intended revision of the Rules of the Circuit Court. It may well be that quite a number of the acceptable recommendations could be achieved by an up-dating of the Circuit Court Rules.

Number of Judges of the Circuit Court The Society does not feel competent to comment on the actual number of Judges required to service the Circuit Court either in Dublin or through the country. It is suggested that in the public interest it is essential to have at all times a sufficient number of Judges avail- able to dispose of all work efficiently and without undue delay. Essentially the situation where one may have an idle Judge, is far better than the position which existed in Dublin for a number of years, namely frustrated and dissatisfied litigants by reason of the fact that there were not sufficient Judges, nor sufficient accommodation available to deal with the work which consequently fall into arrears. Non-contentious Applications The Society approve of and fully support the recom- mendations contained in paragraph 140 and while supporting these recommendations would like to recom- mend that a County Registrar be empowered to deal with the approval of settlements to a limited extent in infant cases. While the Workman's Compensation pro- cedure operated in the Circuit Court, County Registrars dealt with the settlement of claims and the approval of settlements in a very satisfactory manner. A limit could be placed on the County Registrar's jurisdiction in relation t o infants, setting a ceiling figure of One thousand Five Hundred Pounds. One of the factors which causes very great delay in the Circuit Criminal Court is the procedure in relation to the calling of the Jury List and the swearing in of a jury. A County Registrar should be empowered to take proof of service of the jury summonses and to call the list of jurors at say 10.30 a.m. and then report to the Judge the names of absent jurors, who could then be dealt with by the Court when it sits at 11 a.m. Courts' Time Paragraph 141 acknowledges that all business in the Circuit Court should be disposed of at the time and place scheduled and that great expense and inconven- ience is caused by inability to do so and that the cost of judicial time is usually the cheapest factor in litiga- tion. The Society fully support this comment and would go further and say that the cost of judicial time is now the cheapest factor in litigation and it is believed that the value of any saving in judicial time, which could arise through the implementation of many of the recommendations, would be far outweighed by the very considerable additional expense and invonvenience which would be caused to the public especially if the fundamental recommendations for change were imple- mented.

THE HIGH COURT

Appeals to the High Court and Circuit Court The recommendations made are acceptable and with particular reference to Recommendation 146, it is agreed

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