Civil Law in Ireland
Civil Law in IrelandUpdated on Monday 04th February 2019
Rate this article
based on 5 reviews.
based on 5 reviews.
The Irish legal system has its origins in the English common law system. Civil Law in Ireland deals with cases in which individuals or companies are involved; the cases usually deal with disputes related to accidents or breaches of provisions of contracts. In order to resolve disputes that may arise in the civil cases, individuals or companies must be represented in the Irish Courts by a solicitor; our law firm in Ireland can provide you with in-depth information on the wide range of cases covered by the civil law.
What are the civil law courts in Ireland?
Any person or company involved in a civil dispute will address the case to an Irish Court. Our law firm in Ireland is prepared to offer legal representation in front of the Irish courts and may assist both natural persons and legal entity. Depending on the value of the case, you can address to the following courts:
|the District Court||although the court is mainly involved in criminal law cases, several civil law matters, such as breaches of contract between landlords and tenants, debt situations and others, can be resolved here if the value of the case is of maximum EUR 15,000|
|the Circuit Court||it covers disputes that arise in contracts, titles of land or equity cases, with a value of maximum EUR 75,000|
|the High Court||according to the Irish Constitution, the court has the legal right to determine the matters of a case and its value|
|the Supreme Court||a person or company can address to the Supreme Court, which has the power to reverse a certain decision taken by the courts mentioned above, as long as the case is of public interest|
The Civil Liability and Courts Act, signed in 2004, modified several provisions regarding civil cases and, as such, a mediator can be appointed in order to solve a certain dispute or liability; also, during the trial, experts in various fields who can offer their input to the case can be appointed. If you need further details on this matter, our lawyers in Ireland can provide you with more information on the claims which can be addressed to the civil courts.
What are the main types of civil claims in Ireland?
Civil claims mainly refer to the cases that are brought in front of the court by natural persons involved in various types of situations. For example, a wide range of the civil cases registered in Ireland refer to personal injuries claims. This category of civil claims includes numerous types of legal situations related to natural persons, such as claims deriving from traffic accidents, work related accidents, minor accidents occurring in any type of store and many others.
How can one address a case through the Irish PIAB?
Persons who are interested in a civil claim which is included in one of the above mentioned situations may bring the case in front of the court, but in order to do so, it is necessary to submit the claim with the Personal Injuries Assessment Board.
The Personal Injuries Assessment Board (PIAB) is the main institution which handles all types of injuries claims and which verifies each case submitted by natural persons. It has jurisdiction for most of the personal injuries, with the exception of claims deriving from medical negligence. The case submitted by a natural person to the PIAB needs to include the report of a medic, who can attest the physical consequences of a specific type of accident.
Based on this, PIAB will analyze the situation and then sent it to the competent court. The institution was established under the Personal Injuries Assessment Board Act 2003 and it is necessary to know that it also has jurisdiction on legal matters related to the relation between the employer and the employee.
In order to send a claim to PIAB, the claimant (the person who initiates the procedure against another party) may submit an application online or he or she can send the application by post. The application in itself is comprised of the standard form requested by the institution and the medical documents attesting the injuries.
Please note that the application with the PIAB incurs a small fee for the claimant, imposed at a value of EUR 45, but the respondent (the person to which the claim is addressed to) is also required to pay a fee with a value of EUR 600. Our team of Irish lawyers can provide more information on how to bring a personal injury claim to the local courts.
Where to address small claims cases in Ireland?
Natural persons who are involved in any type of litigation cases that have a small claim can address their legal situation to the District Court. However, it is necessary to know that this procedure should be done only after the parties have tried to reach an agreement outside the court. The case should be addressed to a court only after this method fails to provide any suitable resolution.
If a person has addressed the case to the District Court, the next step is to wait and receive a letter from the representatives of the court, who will notify on the date and time when the case can be heard. In the situation in which the date at which the trial was programmed is not suitable for the party addressing the case, the trial can be re-scheduled, but it is necessary to provide a reasonable explanation for the delay of the trial.
The cases that can be heard in this court can refer to legal matters that can arise between a consumer and a retailer or a service provider, but also on matters related to real estate property. Our team of Irish lawyers can provide an in-depth presentation on other types of situations that can be resolved through the District Court.
How can a person appeal the decision of an Irish court?
In certain cases, the decision taken by the competent court may not satisfy the claimant, nor the respondent. In this case, the parties are entitled to address the same case to a higher competent court, which can issue a new decision regarding the entire decision of the judge or to parts of the respective decision.
However, this means that the entire legal process has to be started again, and the new court can also provide the same resolution to the case as the previous court did. The appeal court may also disagree with the decision of the judges and it may also provide new resolutions concerning the value of the claims, by increasing or decreasing the respective value.
Legislation in Ireland
The legislation in Ireland, enacted by Oireachtas Eireann (the Irish Parliament), has to be compatible with the provisions of the Irish Constitution. The legislation is comprised of two main branches, as follows: the primary legislation, which is enacted by the Oireachtas, and the secondary legislation, which is enacted by public or local authorities in Ireland.
If you need further information on the civil law matters in Ireland or you need to be represented in a civil case, please contact our Irish law firm. Our team of lawyers in Ireland can provide legal advice on any litigation case and may offer information on the procedures that have to be concluded in order to solve a case in front of an Irish court.