View from the Bar: County Court Jurisdiction in Northern Ireland

Proposals aimed at introducing a radical increase in the jurisdiction of Northern Ireland’s County Court from £30,000 to either £60,000 or £100,000 are not justified at the present time.

That was the view of the Bar of Northern Ireland in a submission to a consultation exercise run by the Department of Justice.

The policy options outlined will not help to create an effective system for civil proceedings at present. One of the many strengths of our existing county court system’s limit of £30,000 is its efficiency in disposing with civil bills; it is also easily accessible, inexpensive and does not require detailed pleadings.

Such significant increases to the jurisdiction are concerning given the potential for a negative impact on the resources of the County Courts and their ability to deal with cases in a timely manner, particularly given that higher value cases tend to involve much more complex issues.

There is also the potential for a much greater volume of appeals to the High Court from the County Court. The automatic right of appeal to the High Court will mean that contested cases that were disposed of by one hearing in the High Court will now be liable to be the subject of two hearings at County Court and High Court levels with an increase in costs and court time.

The Bar remains open to the proposal for county court civil business to be consolidated into four hearing centres across Northern Ireland, as recommended by the Review of Civil Justice. The establishment of four properly resourced hearing centres for county court civil business could help to bring a renewed focus to the more efficient listing and disposal of civil cases.

However, it is vital that the necessary structure, judicial capacity and investment are put in place to support these centres in advance of any change to the county court jurisdiction given the potential impact on access to justice for the public.

Read our consultation response in full here.