Dan Wallace
Question:47 Mr. D. Wallace asked the Minister for Justice the number of legal cases which have been pending in the High Court for five years or more; and the ten cases which have been delayed the longest. [8114/95]
Written Answers. - Legal Cases.
The position is that the longest delay in the hearing of listed cases in the High Court arises in the hearing of personal injury cases where there is a delay of approximately three years between the date of receipt of the notice of trial and the date of trial. Personal injury cases cannot be listed to fix a date for hearing until a notice of trial is received by the court from either of the contesting parties. In relation to other types of civil cases, for example, non-jury and chancery cases, the position is that cases cannot be listed to fix a date for hearing until a notice of trial and subsequent certificate of readiness is received by the court. There is a delay of approximately nine months between the date of receipt of the certificate of readiness and the date of the trial in such cases.
Cases listed for trial, however, are subject to application for adjournment from either party and indeed are often adjourned by legal representatives in the interests of their clients. In this context there were, with effect from 1 May 1995, 27 personal injury cases in respect of which a notice of trial had been received more than five years previously, which had not yet been completed. It would not be appropriate for me to give information regarding any specific case which is pending. Such information will be given on request by the court to the litigant or his legal representative.
Delays in the hearing of cases in the courts is a matter of great concern to me and is currently under examination in my Department. In line with the commitment given in the Programme for Government, a review of the Courts and Court Officers Bill 1994, is being carried out to ensure that the provisions it contains adequately address the backlog of cases for hearing in the courts. This review is being carried out and I hope to be in a position to announce my proposals in this regard shortly.