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Dáil Éireann debate -
Wednesday, 15 Jun 1994

Vol. 443 No. 8

Written Answers. - Delays in Hearing of Civil Cases.

Peter Barry

Question:

48 Mr. Barry asked the Minister for Justice the time delay in circuit civil cases being heard in Cork City; her views on whether the reported delays of twenty-four months are satisfactory from the point of view of litigants and the State; and if she will make a statement on the matter.

I am informed that the civil cases heard at the most recent sittings of Cork Circuit Court in May, 1994 were filed in the office of that Court in May, 1992. This represents a delay of twenty four months. I am very concerned by this level of delay and I am committed to using the resources available to me to reduce these delays.

In relation to delays in the Circuit Court generally I would refer the Deputy to my Minister's for State reply to Questions Nos. 6 and 46 on 9 March, 1994 (Vol, 440, No. 2, Col. 325).

I could not undertake by way of reply to a parliamentary question to make known any proposals I might have which require the consideration and approval of the Government.

It must be emphasised, however, that the time taken for the hearing and disposal of civil cases is subject to a variety of factors, many of which are outside the control of the courts.

Over 50 per cent of all civil cases issued are subsequently not pursued through the court system. Of those that are, no case is listed for hearing until a notice of trial is lodged by the parties involved. The time that elapses between the issue of the proceedings and the lodgement of a notice of trial is entirely in the hands of the parties. Once a case is listed for hearing it is subject to applications for adjournment from either party. Indeed in many instances, cases are not pressed forward by or are adjourned at the request of legal advisors in the interests of their clients.

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