Key Contacts: Damien Young – Partner | Gerald Byrne – Partner | Eimear Collins – Partner | Jennifer Darcy – Partner |
The Government has recently published the General Scheme of the Civil Reform Bill 2025 (the “General Scheme”). If enacted, the Civil Reform Bill 2025 (the “Bill”) would introduce wide-ranging changes to civil litigation, including a proposed overhaul of the judicial review process, new rules governing discovery and higher monetary limits for the Circuit and District Courts.
The Bill seeks to address long-standing concerns about the cost and duration of civil proceedings in Ireland and, according to the Minister for Justice, implements “the vast majority” of recommendations set out in the Review of the Administration of Civil Justice Report 2020 (the “Kelly Report”).
Judicial Review
One of the General Scheme’s most significant proposals is to place judicial review on a comprehensive statutory footing. Subject to limited exceptions set out in Head 13 of General Scheme of a Civil Reform Bill, the validity of an act of a public body may only be challenged by way of statutory appeal or judicial review application under the Bill. The Bill envisages codifying the principles and procedures of judicial review so that a remedy may be granted only where the following conditions are met:
- the respondent has acted unlawfully;
- the applicant has suffered harm or prejudice;
- any error of law, or procedural error, was material to the decision;
- the interests of justice require such a remedy to be granted, taking into account both the interests of the applicant and the public interest; and
- the granting of the remedy leaves the applicant in a significantly better position.
As is current practice, leave to apply for judicial review will be required in most cases. Under the Bill, an application for leave to apply for judicial review may, subject to limited exceptions, only be sought “by a person directly affected by the act which is the subject of the application and who has a sufficient interest in the matter”.
Discovery Reforms
The Bill replaces the current discovery regime, which the Kelly Report criticised for allowing economically stronger parties deploy as a ‘weapon’ against less well-resourced parties. The existing discovery, inspection and production procedures would be abolished and replaced with a new system for the production of documents.
Under the new system, parties must produce all documents in their power, possession, or control that:
- they intend to rely on at trial;
- are relevant and material to the outcome of the proceedings including documents which the other parties to the proceedings would be reasonably likely to rely on at trial; and
- are necessary for the administration of justice.
Unless otherwise agreed between the parties or permitted by the court, a claimant must produce such documents within 28 days of service on the respondent of the claim form. A respondent must provide its documents within 42 days of the service of a defence.
Courts will have the power to order the production or exclusion exclude from production of any document, either at the request of a party or on its own initiative, for a range of reasons set out in the Bill.
Similar reforms were implemented in England and Wales when the Disclosure Pilot Scheme (PD51U) was made permanent from October 2022. That regime similarly requires early disclosure of documentary evidence. While generally welcomed for promoting a more focused and disciplined process, practitioners in the UK have expressed concerns about the front-loaded administrative burden and the reforms’ effectiveness in reducing overall costs. In essence, one of the difficulties in the UK is that the costs simply get moved forward rather than being reduced. It is hoped that the provisions in the Irish Bill can avoid that result.
Pre-Action Protocols
The Bill also empowers the Minister to issue regulations for pre-action protocols for “specified areas of litigation”. Before issuing such regulations, the Minister must consult the Court Rules Committees and any other bodies the Minister considers appropriate. In making those regulations, the Minister is required to have regard to a number of factors, including, promoting timely communication between the parties and facilitating the early identification of issues in dispute.
Again, this development has echoes of similar provisions in the UK rules. The general consensus since the introduction of pre-action protocols in the UK suggests that they can play a constructive role in facilitating proportionate dispute resolution. One huge advantage to this provisions is that they ensure that parties provide adequate resources and attention to disputes earlier in the process which can ultimately save costs. It has also proved useful in the context of early alternative resolution procedures such as mediation.
Case Conduct Principles
Head 15 of the General Scheme proposes a list of case conduct principles that parties and their representatives must adhere to throughout proceedings. The principles require that proceedings should be conducted in a manner that is just, expeditious and likely to minimise costs, and that parties should avail of alternative dispute resolution procedures where appropriate. The introduction of a presumption against the granting of adjournments is another measure intended to limit the duration of proceedings.
Taken together, these measures form part of the Bill’s broader effort to address the rising time and costs associated with civil litigation by strengthening case management and incentivising proportionate conduct by litigations.
Deemed Discontinuance
Where an action has not yet been set down for trial, and no steps have been taken by the other party to progress proceedings in the past six months, a party may serve notice of their intention to apply for deemed discontinuance under the Bill. If no steps are taken within 28 days of service of this notice, the relevant court office will, upon a party’s valid application, issue notice confirming the discontinuance of proceedings to all parties.
The Bill also limits the duration of newly registered lis pendens notices to 28 days unless extended by court order, with a view to preventing inactive cases lingering on where proceedings are not being actively progressed.
Monetary Thresholds Raised
The General Scheme proposes to increase the monetary jurisdiction of the District Court from €15,000 to €20,000, and that of the Circuit Court – including in respect of personal injury actions – from €75,000 to €100,000. These changes aim to lower costs by moving a greater volume of lower‑value, non‑complex disputes into lower courts.
Concluding remarks
We will be monitoring the Bill closely and track its progress through the legislative process. The Bill represents a significant step towards modernising Ireland’s civil justice system. By introducing measures to streamline procedures, reduce costs, and improve efficiency, the Bill seeks to address long-standing challenges identified in the Kelly Report.
Much of the reforms provided for in the Bill have drawn inspiration from recent developments across the water in England and Wales. Further reforms aimed at curtailing legal costs – such as the introduction of costs budgeting, already in place in the UK – may be on the way.
For further information, please contact Damien Young, Eimear Collins, Gerald Byrne, Jennifer Darcy or your usual Litigation and Dispute Resolution contact.
