Civil Reform Bill to overhaul Judicial Review and streamline courts processes

The General Scheme of the Civil Reform Bill was published today. It will reform the Judicial Review mechanism and streamline other key courts processes.

The Civil Reform Bill is a key measure that will see the implementation of the Review of the Administration of Civil Justice, also known as the Kelly Report, which was published in October 2020. The Report made over 90 recommendations aimed at improving access to justice for all by making it quicker, more efficient and more cost effective.

The Bill introduces reforms in relation to Discovery and Civil Procedure in the Courts, as well as a change to the monetary limits on the jurisdiction of the Circuit and District Courts.

The proposed Bill will also provide for a suite of civil reform measures including:

• Creation of case conduct principles;
• presumption against granting of adjournments;
• pre-action protocols extended beyond clinical negligence proceedings;
• limiting the term of a Lis Pendens;
• deemed discontinuance of civil actions;
• plaintiffs in personal injuries actions to distinguish between pre-existing injuries and those which are the subject of the claim; and
• extension of rules committees’ remit to include rules of evidence in civil proceedings.