The recently published General Scheme of the Civil Reform Bill 2025 (the Scheme) paves the way for very significant reforms in the Irish litigation landscape.
The Scheme implements many of the proposals originally set out in the 2020 Review of the Administration of Civil Justice also known as the Kelly Report. Below we set out the key changes and consider the likely impact for litigants.
Overhaul of the discovery regime
The Bill proposes very significant changes to the discovery procedure in Ireland.
It will abolish the existing discovery regime and replace it with a statutory duty of early document production. This will apply to both parties to proceedings and nonparty discovery. The new procedure front loads the requirement for document production. Parties will be required to produce documents that:
- they intend to rely on at hearing
- are relevant and material to the outcome of the proceedings, including documents the opposing party would be reasonably likely to rely upon: and
- are necessary for the administration of justice
Short time limits for production of documents are prescribed. These documents must be produced within 28 days of a claimant issuing proceedings and respondents within 42 days of respondents delivering a defence. A request for discovery will no longer be necessary. If parties do not comply with the requirement to produce documents, then the Court will be able to order the production of documents either of a party or on its own initiative. The courts will retain supervisory powers, and it can order the exclusion of documents from production for a number of reasons including if a party applies for this. Key principles of proportionality, cost, burden and fairness are expressly embedded in the statutory test. There is also provision for additional documents to be provided including witness statements and expert reports 28 days prior to the trial.
Case management, case conduct and pre – action protocols
Case conduct
Case conduct principles like those in the Commercial Court are proposed requiring parties and courts to conduct litigation in a manner that is just, expeditious and cost efficient. There will be an expectation that parties will try to engage constructively to identify matters of law and fact as early as possible and narrow issues if possible. Parties should use alternative dispute resolution where appropriate to try to settle some or all of the dispute where practicable.
Pre-action protocols
The Scheme provides for the Minister to issue regulations for pre – action protocols for specified areas of litigation. In the Kelly report this was initially focused on clinical negligence but the Scheme appears to consider a broader application of these proposals.
Limits on lis pendens term
The term of a lis pendens will be limited to 28 days unless extended by court order. This is designed to reduce long standing encumbrances on property where proceedings are not actively pursued.
Adjournments
There will be a presumption against the granting of adjournments and a much stricter criteria applied to such applications. They will only be granted where the court is satisfied, there is sufficient reason for doing so and it is justified in the interests of justice. Courts may have regard to issues such as the complexity of the case, the conduct of the parties etc. There will also be provision for potential sanctions for non-compliance.
New Time limits for providing Party and Party Bill of Costs
There are also new time limits imposed for furnishing party and party bill of costs. This must be done within 3 months of the conclusion of the proceedings.
Inactive proceedings
There is also a new procedure to address inactive proceedings. Where no procedural step has been taken for a period of six months and an action has not yet been set down for trial a party will be able to notify the other party of its intention to apply for deemed discontinuance. If no steps are taken by the other side within 28 days of service of that notice, the serving party may lodge an application for deemed discontinuance, and the proceedings will be deemed discontinued as at the date of lodging.
Monetary jurisdiction
The Scheme proposes an increase in the jurisdiction of the Circuit Court to €100,000 with the removal of the separate personal injuries cap and the District Court to €20,000. This may lead to an increased volume of claims being determined at Circuit Court level. It may also encourage increased accessibility to courts, particularly for insurers and public bodies.
Judicial review
The Bill proposes for the first time to codify judicial review in Ireland with a requirement that the court considers the public interest when determining whether to grant relief. Subject to certain limited exceptions, the validity of an act of a public body may only be challenged by way of statutory appeal or by way of judicial review under the Bill. A remedy under judicial review may only be granted where all 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 considering 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 the above test is cumulative the threshold for granting relief is now higher.
The Scheme proposes that, subject to other legislative provisions, costs in judicial review proceedings may only generally be awarded to an applicant where the final decision of the court provides a significant benefit to the applicant.
The Scheme proposes shortening the time limits within which judicial review applications can be made to eight weeks. Applications to extend this will be subject to very strict criteria and to an upper limit of sixteen weeks.
Takeaways
The reforms pave the way for a radical overhaul of the civil litigation landscape in Ireland. The introduction of the changes will bring a sea change in the way in litigation is conducted in Ireland. It will see a shift away from adversarial last minute disputes and instead front load issues and procedures to focus minds at earlier junctures in proceedings. We await the publication of the Bill and will provide further updates as and when future key developments are published.
For more information, please contact Thomas O'Dwyer, Sinead Grace or your usual contact in Beauchamps.
