The New Commercial
Division of the High Court
The new Commercial Division of the High Court began hearing cases on 12th
January 2004. The Court, presided over
by Mr. Justice Peter Kelly, deals with cases with a commercial element in which
the amount claimed is greater than €1M.
Litigants who wish their case to be heard in the Commercial Court apply
to Kelly J who determines if the case is suitable for the court. No cases begun before 12th January 2004 can
be the subject of such an application.
The stalling tactic will not be tolerated in the new court. Cases will be subject to a rigorous case
management system and much more of a "cards on the table"
approach. There will be an initial case
conference to be attended by both sides and presided over by the judge, who
will make directions to ensure that the issues in dispute are clarified and
minimized and that cases come on quickly for trial. The parties may be required to try resolve their disputes by
mediation, and the failure of a party to avail of this opportunity may ultimately
be penalised by an order for costs. If
this systems works well, which it no doubt will, then it is likely to be
extended to all types of civil litigation in Ireland. Peter Duff & Co. are strongly in favour of this occurring as
soon as possible.