The Court Proceedings (Delays) Act 2024

Why should I read this?

The issue of delay in the Irish court system has been a long-standing concern, often leading to prolonged proceedings and increased costs for parties involved. The Court Proceedings (Delays) Act, 2024 (the Act) is a response to this issue, providing a mechanism to hold the State accountable for undue delays.

Echoing the sentiment expressed by the Court of Appeal (Collins J) in Cave Projects Limited v. Gilhooley & Ors [2023] which emphasised the need for the “appropriate management and expeditious determination of civil litigation”, the Act provides a practical solution to uphold these principles by offering parties a means to seek redress if their right to a timely conclusion of proceedings is breached.

The Act was signed into law by the President on 1 May 2024 and is expected to come into effect in 2025. Provision within the Act for parties to seek a declaration of undue delay and, in certain circumstances, obtain compensation, is a welcomed means for accountability. This is a positive shift from the previous scenario where such recourse was only available through the European Court of Human Rights (ECHR), a process that could be daunting and inaccessible for many.

Key provisions of the Act

The Act introduces several key provisions aimed at ensuring the timely conclusion of legal proceedings. Notably, section 11 of the Act establishes the right of individuals involved in proceedings to have their case concluded within a reasonable time frame. This provision highlights the importance of efficiency in the legal process and the rights of the parties involved.

The Act has a broad scope, applying to proceedings concluded within six months prior to the Act’s operation, those initiated before and not yet concluded by that date, as well as all future proceedings. This wide-ranging application ensures that the Act’s provisions have an impact on both ongoing and future legal proceedings. The Act provides remedies for individuals if their right to a timely conclusion of proceedings is breached. These remedies include a declaration of the breach and, in certain cases, compensation. The Act delivers accountability and offers a form of redress for parties affected by undue delays.

The Assessment Application

The Act provide a framework for the appointment and operation of Assessors, ensuring they can effectively carry out their roles in examining potential breaches of the right to a timely conclusion of proceedings. The appointment of a Chief Court Delays Assessor and multiple Court Delays Assessors is provided for under section 5 of the Act. These appointments are made by the Minister, ensuring there is appropriate oversight. The Chief Assessor must be a retired judge or a practicing barrister or solicitor with at least 10 years’ standing. For the Assessors, a standing of 5 years is required.

The Act also outlines the terms of appointment for the Assessors, including their remuneration, conditions for resignation, and removal procedures. It further details the disqualification criteria and the conditions under which an Assessor would cease to hold office. These provisions ensure transparency and fairness in the appointment and tenure of the Assessors.

Section 8 of the Act provides certain protections for the Assessors. It stipulates that Assessors are not liable for damages in the performance of their functions unless actions are taken in bad faith.
The Act also establishes a clear process for individuals to seek redress if they believe their right to a timely conclusion of proceedings has been breached. This process involves the following steps:

• Upon receipt of an application, an Assessor is assigned to examine the case. The Assessor’s role is to make a declaration on whether there has indeed been a breach of the right to a timely conclusion. The Act provides a clear framework for determining whether a breach has occurred, outlining specific factors to be considered when assessing if there has been a breach. These factors include the complexity of the case, the duration of the proceedings, the conduct of the parties involved, and the steps taken to expedite proceedings.
• If a breach is declared, the Assessor then determines if compensation is payable. If so, the Assessor is responsible for calculating the amount of compensation.
• The assessment becomes binding under certain conditions, as specified in section 21 of the Act, leading to the payment of compensation. Any compensation payable must be paid not later than 2 months after the date on which the assessment, which must include a determination, became binding. Importantly, a determinate by an Assessor will not be legally binding upon either the State or the applicant unless both agree to the determination. The Minister will be deemed to have accepted the determination in default if they do not object within 28 days. An applicant will be deemed to have not accepted the determination within 28 days if they do not provide confirmation they accept the determination.
  
  

What else do I need to know about the Act?

The party to the litigation who is not the applicant or any relevant person, such as an expert witness, may be asked to give evidence as to why a delay occurred. The relevant person may be given the costs it took to give this evidence, except for costs incurred by the relevant person in respect of legal advice obtained by him or her in relation to the requirement.

The compensation for a breach will be set out by guidelines to be determined by the Minister and ECHR The amount of compensation stemming from a breach is expected to be low as the assessor must look to ECHR precedent which generally awards very little in these types of cases.

A party can institute proceedings in the Circuit Court, which is authorised to review an Assessor’s determination and, if it finds that there has been a breach of their right, to award compensation to the aggrieved party. A party can appeal this decision to the High Court on a point of law within 21 days of the Circuit Court’s decision.

What next?

The Act is expected to become operational in 2025. In advance of the commencement of the legislation, the Department of Justice is consulting on issues such as structure, processes, and costs. The effectiveness of the Act will largely depend on how well it is implemented. Clear guidelines and criteria are needed to ensure that the Act is applied consistently and fairly.

Overall, the Act represents a proactive step towards addressing the issue of delay in the Irish court system. As the Act is implemented, and it’s impact become apparent, it will be interesting to observe the changes it brings about on the expeditious resolution of legal proceedings.