The Gazette 1995

NI E W S

GAZETTE

MARCH 1995

Law Society Issues Response to Circuit Court Review Working Group

The following is the text of the Law Society response to the review of the Circuits: 1. The proposal adopted by the Circuit Courts Review Working Group emanates from a Group which did not include a representative from either branch of the legal profession. As the representative organisation of 80% of that profession, the Law Society regards it as regrettable that its views were not canvassed in advance of the production of the proposal which it was only recently asked to consider. Input from barristers and, in particular, solicitors at an earlier stage in the process would, in the Society's view, have had the dual benefit of:- (a) eliciting the views of those who have regular involvement with the Circuit Courts at local level and, consequently, experience of deficiencies in the existing system; and 2. It has recently been intimated to the Society that, in addition to an intention to reduce costs, increase efficiency and minimise the Group was to achieve "the reduction to manageable proportions of the ever- lengthening delays in all Circuit Court lists". 3. It is common cause that the current delays in the Circuit Court are unacceptable. However, the Society believes that the proposal under consideration does not present an effective solution to the number of venues, the primary consideration of the Working (b) producing proposals which would seek to achieve some consensus on possible solutions to the difficulties being encountered at Circuit Court level.

problem. At the present time, there are eight Circuits, serving approximately 56 venues. The Working Group proposes to increase the number of Circuits from 8 to 10, but to reduce the number of venues drastically, from the existing 56 to 31. (In so doing, the Group appears to have omitted some venues from their review, e.g. Tipperary, Thurles, Bantry, Manorhamilton, Castleblayney.) 4. The proposal is stated to be based on "the statistical figures for the year 1993, the geographical locations of the various counties" and on a formula which seeks to identify the average time required for criminal trials, pleas and sentences. The time calculated as required for criminal matters is then deducted from an average 156 days per annum of Circuit Court time in each revised Circuit Court area, with the balance being allocated to civil matters and family law. proves the case that the Circuits and venues should be altered in the manner proposed. There is no indication of how the existing delays will be eliminated by reducing the number of venues and, indeed, it would appear to j involve a mere consolidation of the problem in fewer locations. No assessment appears to have been ! made of whether, for example, the hypothetical 116 days of Circuit ; Court time in Circuit No. 2 is sufficient to deal with 2,457 Civil Bills and 125 family law matters. Similarly, we are unaware of any analysis which would indicate that 120 days provides sufficient time to deal with 2,372 Civil Bills and 123 family law matters in Circuit No. 3. 5. It is unclear how this exercise

geographical analysis, resulting in a reshuffle of Circuit Court areas and a reduction in venues, fails to address the fundamental problem underlying the delays in the Circuit Courts. In the Society's view, the problems at Circuit Court level related almost exclusively to the huge increase in the volume of work which the Circuit Court has had to deal with. This increase arises principally as a result of work assigned to the Circuit Court which was previously dealt with by other Courts, in addition to work arising as a result of the introduction of legislation and changes in the times in which we live. Amongst the areas of increased work now dealt with by the Circuit Court are the following:- (a) Family Law (b) Civil claims up to £30,000 (i.e. the vast majority of all personal injury litigation) (c) Disputes involving land where the PLV is less than £200 (i.e. the vast majority of land-related disputes) 7. Both Planning and Competition Law provide examples of areas of work now within the province of the Circuit Court which have developed only in recent years. The increased level of crime and criminal prosecutions has also increased the workload of the Circuit Court. 8. Notwithstanding the fact that a number of Circuit judges sit for very long hours in an attempt to stem the tide, backlogs are increasing. Due to the absence of immediate accessibility to justice, the Courts are perceived as ineffectual and the public's • respect for the administration of justice is lessened. The proposal under consideration, by (d) Planning matters (e) Competition Law matters

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6. The Society would submit that a

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