Circuit Court Case Progression - New Rules
From 1 January 2010 certain types of Circuit Court proceedings can avail of a new form of case progression very similar to that which is applied to litigation in the Commercial Court.
Examples of the types of cases which can benefit from the new rules include those involving specific performance of a contract, breach of contract in construction matters, succession law matters and such categories of cases as the President of the Circuit Court may deem appropriate. Certain family law matters and applications for possession of land are specifically excluded from the ambit of the rules.
Any of the parties to Circuit Court proceedings covered by the new rules can apply to the Court for case progression directions or the Judge or County Registrar, of their own volition, can decide that such directions are appropriate.
The rules closely resemble those which govern Commercial Court proceedings. They are founded on the stated goals of justice, expedition, and the saving of costs. As with the Commercial Court proceedings Circuit Court proceedings can now be adjourned with a view to encouraging the parties to engage in alternative dispute resolution.
The rules are a welcome effort to expedite the existing administration of justice in the Circuit Court. It is an ambitious venture given the scope of application of the rules and it is to be hoped that practitioners and, most importantly litigants, will benefit from the changes.
Matthew Austin