01.Civil_Courts_Structure.pdf

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Sits with 3/5/7 judges
Claims
<15k and
small claims
<2k
Applications for certain licences
(e.g. to sell alcohol)
Eviction disputes between
landlords and tenants
Damages in contract and tort
Family law proceedings
Some debt matters
On a point of fact
By way of 'case stated'
on a point of law
Consumers'/businesses' claims value <2k
Minor damage to property
without personal injuries
Consumer claims
(goods/services bought for
private use from a business)
Business claims
(goods/services bought for
business use from a business)
Non-return of a rent deposit for
certain kinds of rented
properties (excluding private
residential tenancies)
Types of claims
When dealing with cases concerning constitutional validity of
an Act/bill, 5 judges sit
Appellate jurisdiction (
from a decision of the Court of Appeal
or the High Court if that decision involves a matter of general
public importance, or is in the interests of justice
)
Supreme
Court
Consists of
Chief Justice of Ireland (President of the Court)
9 ordinary judges
the President of the Court of Appeal
the President of the High Court
Deals with
May uphold/reverse decisions of lower courts or order a
retrial
Hears cases involving the capacity of a person to held the
office of President of Ireland
Court of
Appeal
Composed of a President and 9 judges
The Chief Justice and the President of
the High Court are ex-officio judges
3 judges sit a case
Hears appeals form the High Court
Appeal possible
District
Court
Civil Courts
Structure
Also called
High Court
Commercial List
Established to provide more
efficient and effective dispute
resolution in commercial cases
Cases admitted start and
finish in a short time frame
Claims
>75k/60k if personal injury
Unlimited monetary jurisdiction
Most cases heard by a single judge
There is a right to trial by judge & jury in
cases such as defamation, malicious
prosecution and false imprisonment
Claims
15k<...<75k/60k if
personal injury
Small
Claims
Court
Deals with the largest
volume of cases
High
Court
Commercial
Court
Has the ability to strike down laws
declared unconstitutional
Contract and tort claims
Equity matters
Disputes in contract and tort
The recovery and title of land
Equity matters (e.g. trusts)
Granting of certain licences
Family law
Types of claims
Circuit
Court
Current commercial
disputes where the claim is
no less than 1 million euro
Proceedings under the Arbitration Acts
where the value of the claim is no less
than 1 million euro
Patents, trademarks, copyrights,
'passing off'
'Catch-all'
condition:any case can be heard
where the Judge considers it appropriate for
entry into the Commercial Court
Types of claims
Categories of cases
dealt with
Defamation
Bankruptcy & liquidation proceedings
Complex family law
Constitutional & judicial review cases
(
reviewing actions/decisions taken by
the state and public bodies
)
Decision can be appealed against
within 14 days of the hearing
Appeals to the High Court or in some cases to the
Court of Appeal (if the appeal is on the point of law)
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