Bar of Northern Ireland opposes ‘radical increase’ in County Court jurisdiction

Bar of Northern Ireland opposes 'radical increase' in County Court jurisdiction

The Bar of Northern Ireland has said a “radical increase” in the jurisdiction of Northern Ireland’s County Court from £30,000 to either £60,000 or £100,000 is “not justified”.

In its response to a Department of Justice consultation, the Bar said both options represent “a misguided attempt to alter a civil justice system that is already operating effectively”.

The Department argues that increasing the jurisdiction of the County Court would free up High Court judges to deal with “the most complex and specialised cases” and benefit litigants outside Belfast who would otherwise have to travel to attend the High Court.

However, the Bar has submitted that a 100 per cent increase in jurisdiction “would fundamentally change the character of the county courts in Northern Ireland” and would raise other issues.

“Further consideration would need to be given to adequate resourcing and provision for the increased duration of trials, the approach to pleading and the greater usage of expert evidence before the county court which are not addressed in this consultation paper,” it said.

It also warned that there is likely to be “a much greater volume” of appeals from the County Court to the High Court if there is a significant increase in its jurisdiction.

“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 said.

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