Litigation in Ireland
Ireland is a common law jurisdiction. Cases are determined by reference to precedents and legislation. Depending on the quantum or type of dispute, various jurisdictions and courts may apply. In the more senior courts, Barristers will be engaged who are experts and court advocates, specializing in particular areas of law.
Alternative Dispute Resolution
Of course the first legal recourse is not, and should never be, to the courts. At Paul W. Keogh LLP Solicitors, we will attempt in the first instance to resolve the matter by way of negotiation, or if unsuccessful, mediation or arbitration. Court applications and litigation are effectively an adversarial system where there has to be by a party who is successful and a party who is unsuccessful. It is a fact that all litigation carries risk.
Hears disputes generally up to €15,000 and lower criminal offences.
Hears disputes generally up to €75,000 and the central criminal court hears more serious criminal matters.
Hears disputes of unlimited quantum and in more complex cases such as judicial review is the first court that may be consulted.
Court of Appeal
It is the first appeal court from the High Court and will hear appeals in the ordinary course.
This is the highest Court in Ireland and will hear matters of constitutional importance and other important legal precedents.
The Litigation Process:
The normal stages of a litigation are as follows
- Correspondence, to see if the matter can be resolved
- If there is no resolution, a letter before action is issued
- If there is no satisfactory resolution, then formal proceedings will issue
- Normally the matter will sought to be negotiated, narrowed or settled, but if it continues to be contested, a Defence will be received
- The parties may raise particulars or interrogatories
- Discovery is sought, if required
- The matter is set down for trial and heard
- Judgment is delivered and enforced, if required
If you have a dispute that requires the input of an experienced solicitor, why not call us and arrange an appointment?