The Irish judicial system is comprised of general and specialized jurisdictions; persons or companies interested in solving a litigious case can address it to an Irish court in accordance to the type of case they are involved in. Persons representing companies involved in a commercial dispute can address to the Commercial Court (established in 2004), which is a subdivision of the High Court. The Commercial Court was set out in order to solve various litigious cases, such as disputes between businessmen or shareholders. If you are interested in taking a legal action in a commercial dispute, our Irish lawyers can offer you assistance on the case or they can represent you in front of the court.
What are the responsibilities of the Courts in Ireland?
The Supreme Court can hear all the cases already heard at the High Court, the Court of Criminal Appeal and the Circuit Court. It is considered the highest instance in Ireland.
The High Court is hearing all the major civil or criminal cases. It is also hearing cases related to the constitutionality of the laws (unlike other jurisdiction, Ireland doesn’t have a Constitutional Court) and appeals from the Circuit Court in civil matters.
The Circuit Court has jurisdiction in family law proceedings such as separation or divorce in Ireland. It may also hear appeals from the District Court and cases concerning tenancies of real estate where the value of the property does not exceed 250 EUR, while the jurisdiction in cases related to actions in hire-purchase, credit-sale agreements, tort and contracts with a total amount of 38.000 EUR.
The District Courts hears civil cases founded on contract, tort, hire purchase or credit sale agreements and non-payment of rent or wrongful detention of goods, where the value of the claim does not exceed 6.400 EUR. It also hears cases related to the enforcement of the judgments for debt of any court; our lawyers can provide you with assistance in the Irish courts.
In case you need legal asistance in another European country, for example legal representation in Greece, we can put you in contact with our Greek partners.
Irish Commercial Court
Persons interested in solving a commercial dispute should know that for such a situation it is required the assistance of an Irish solicitor. However, before commencing the trial, it is customarily that any dispute that may arise between the parties involved to be handled through mediation or conciliation. If these methods fail to settle the case, only then the dispute will be address to the Commercial Court.
Our lawyers in Ireland can represent you in the Commercial Court in the following situations:
• commercial disputes with a claim value of at least EUR 1 million;
• intellectual property commercial disputes;
• appeals for judicial reviews on previous legal decisions;
• business contracts;
• international trade;
• banking and financial services.
Arbitration in Ireland
The litigious cases and commercial disputes in Ireland are solved as prescribed by the Arbitration Act 2010, which was enforced so that the Irish legislation would comply with the international arbitration model stated by the United Nation Commission on International Trade Law.
According to the Act, the arbitration proceedings in Ireland may start on the date to which parties involved agree upon; it can also start when a party receives the written form addressed by the other party.
The Act provides a default number of arbitrators involved in the case, which was established at one, in order to reduce the costs involved in an arbitration proceeding. However, the parties involved in the case are allowed to appoint more than one arbitrator if they may consider it is necessarily.
Our team can give you information about mediation, another alternative dispute resolution method that can very well be used for divorce in Ireland.
Litigation in Ireland
Litigation proceedings can be initiated within certain limitation periods, such as:
• contracts and torts – six years;
• claims from personal injuries – two years;
• defamation cases – one year.
In cases in which companies are involved, it is required to present an originating notice of motion, necessary for initiating applications for the trial.
Pleadings are comprised of the statement of claim and defence; if the case involves third parties, they should be assisted by a defendant, which will defend their claims. Our lawyers in Ireland can provide you with further information on this topic.
In order to avoid disputes related to inheritance, we can help you understand how to make a will in Ireland.
Duration of litigation cases in Ireland
The litigation process in Ireland may last from several months to several years, depending on the case.
Our litigation attorneys in Ireland can assist you in any commercial dispute that you or your company may be involved in. Our lawyers can offer assistance in various litigious cases, such as individual labor cases related to the employment law in Ireland.
If you are involved in a commercial dispute, please contact our Irish lawyers, who can assist you in an arbitration case or represent you in front of an Irish court.