Dublin Circuit Civil Court: Chronic Delays The unprecedented Covid pandemic has impacted all of us and in particular, our Courts have become victims of multiple lockdowns and extended closure spells. A worrying development has occurred at Dublin Circuit Civil Court where massive delays have arisen in obtaining Motion hearing dates before the Dublin County Registrar. In recent weeks, the Dublin Circuit Court office have been assigning dates in November 2022 and December 2022 for simple Motions for Judgment in Default of Appearance and Discovery applications. The Parchment understands that at a recent Dublin County Registrar’s Court, Motions were being assigned and adjourned to dates in February 2023. The negative impact that these delays will have on litigants and their legal representatives will be immense. The Parchment hopes that additional supports can be provided to the Dublin County Registrar to shorten these unacceptable 15-to-18-month delays to Motions. Practitioners will be well aware that whilst waiting for a Motion to be heard, no progress can made in the case and as a result, either the plaintiff or defendant are significantly disadvantaged.
Default at your Peril A WARNING TO SOLICITORS AND CLIENTS Minister for Justice Heather Humphreys signed a significant piece of law on the 24th September 2021 and it will have far reaching consequences for litigations. Statutory Instrument S.I. No. 490 of 2021 has now been adapted as additional Rules of the Superior Courts and will come into operation on the 13th November 2021. These new rules amend the Rules of the Superior Courts by the substituting of Orders 13, 20, 21 and 27. Order 23 Rule 6 and Order 63 Rule 1 are also amended. The changes introduce strict new rules where litigants have defaulted on entering 60 the Parchment
or delivering an Appearance, Statement of Claim, Defence. The new rules provide for the following: • Judgment can be entered in a motion for Judgment in default of defence or default of Statement of Claim except where justice requires an extension of time that where such an extension is granted, the Court shall make an “Unless Order” – thus requiring one Court hearing only. • The party in default will have eight weeks for delivery of their outstanding Statement of Claim or delivery of their Defence in all cases.
• There is now a requirement to provide the defaulter with a 28-day warning letter prior to bringing of a Motion for Judgment in default, including Judgment in default of Appearance. These new rules are applicable to proceedings whether commenced before or after the Commencement Date (13 November 2021) but will not apply to any applications which have been issued prior to that date. This new Statutory Instrument and new Rules for litigants have come about following a decision of the Superior Courts Rules Committee.
