Oireachtas Joint and Select Committees
Wednesday, 22 October 2025
Joint Oireachtas Committee on Enterprise, Tourism and Employment
Competitiveness and the Cost of Doing Business in Ireland: Discussion (Resumed)
2:00 am
Mr. Brian Hanley:
I could not say for definite about Northern Ireland. However, the Senator will see in the alliance's submissions to the action plan - I think it is referenced in the action plan as well - that the idea of caps that we have in the District Court at the moment for certain types of case would be applied at Circuit Court level to bring that greater predictability and stability. That is needed because it is not uncommon for legal costs to exceed the awards that people are getting, and that has to be a huge concern.
Despite all the reforms of the injuries board, the number of cases going into litigation in recent years is a concern. Do not get me wrong, as they have slightly increased at the injuries board, but the number going to litigation has also increased. A priority has to be examining how we can attract and retain the resolution of more cases at the injuries board by looking, for example, at a model wherein the injuries board becomes a decision-making body, like the Residential Tenancies Board, RTB, where the decisions would have to be made, save in certain circumstances. That would reduce the flow. In the event that they have to go to the Circuit Court or some such, we know caps that have proven effective in the District Court work and they should certainly be considered there as well.
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