Minister O’Callaghan publishes Civil Reform Bill to overhaul Judicial Review and streamline courts processes

Minister for Justice Jim O’Callaghan has published the Civil Reform Bill which looks to reform Ireland’s Judicial Review system and “streamline” how the Irish courts system works.

The Minister for Justice said that 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.”

Minister Jim O’Callaghan said:

“I am pleased to publish the General Scheme of the Civil Reform Bill 2025, which delivers on the vast majority of the recommendations in the Kelly Report and expands upon them in some cases; most significantly, the Bill provides for an overhaul of the judicial review mechanism, which will result in greater transparency and a more streamlined process,” he said.

“The State faces significant challenges in terms of housing shortages, energy deficits, inadequate water supplies and climate changes, all of which are exacerbated by the demands of a rising population. We can no longer delay on reform of the judicial review system. The measures in this Bill will not only deliver this reform, they will also support the Government’s Accelerating Infrastructure Action Plan, which addresses a range of barriers to developing the infrastructure required to sustain a growing society.

“Key reforms will ensure the system cannot be misused on purely technical grounds, that costs are reduced where possible and litigants have sufficient standing to properly challenge decisions.

O’Callaghan said “I recognise that citizens have a right to challenge what they perceive as unlawful decisions of public bodies. This is a fundamental part of the checks and balances of a liberal democracy. However, this right must be protected in a balanced manner which also protects the common good. “

“Through the forthcoming legislation, I will make clear that judicial review is a process whereby someone who has suffered harm or prejudice because of an unlawful action of a public body may seek a remedy from the courts. However, any remedy will consider the public interest as well as the interests of the applicant.”

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.

Minister Jim O’Callaghan continued:

“The Kelly Report found that economically stronger parties frequently weaponised the current discovery regime to effectively impede the less well-resourced party in the conduct of proceedings.

“This Bill replaces that process with a new system for ‘production of documents.’  This means production will be restricted to documents which are relevant and material to the outcome of the proceedings, reasonably likely to be relied on at trial and where production of those documents is necessary for the administration of justice.

“These more stringent criteria should minimise both delay and cost in the conduct of civil litigation in the State and achieve greater equality between parties.

“The Bill will also increase the monetary jurisdiction of the District Court to €20,000 and that of the Circuit Court (including in relation to personal injury actions) to €100,000, considering inflation since the last such changes in 2013.

“These changes will require affected cases to be heard in lower courts and should reduce legal costs.

“The Bill contains a number of other civil reform measures that are likely to lead to more orderly conduct of civil litigation, cost savings for the parties, and the efficient use of court resources.”

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.

Minister Jim O’Callaghan concluded:

“I am confident that the Civil Reform Bill will remove weaknesses in the current law, eliminate impediments to progress and deliver reform that benefits the public.  It will also reserve the right of the citizen to ensure public bodies act lawfully and are accountable for their decisions.

“This Bill is progressing in tandem with ongoing progress in relation to broader access to justice initiatives. These include the Courts Service Modernisation Programme and the Judicial Planning Working Group, alongside ongoing technology improvements and operational reforms being delivered by the Courts Service.

“Overall, I believe these collective modernisation and reform measures will deliver significant efficiencies in terms of access to justice and the reduction of legal costs.”