Getting a case admitted to Dublin’s Commercial Court can mean a much quicker legal process

Guest post by solicitor Anthony Joyce of Dublin legal firm Anthony Joyce & Co.

Question: I have heard that having a case admitted to the Commercial Court can be a much faster method of obtaining a resolution – is this true? And what are the conditions that must be met to have a case admitted?

Answer: Yes it is true, if you are currently involved in a commercial dispute, having your case admitted to the Commercial Court (also known as the High Court Commercial List) can allow you to resolve a dispute more quickly and effectively than through the normal High Court procedures. The Commercial Court is effectively a fast track of the High Court reserved for commercial cases.

Cases which are admitted to the Commercial Court start and finish in a short time frame, on average, within twenty one weeks of the transfer of proceedings.

An application to have a case admitted to the Commercial Court can be made at any time, but the rules of the Court provide for a stay to be put on proceedings for a period of 28 days to allow mediation, conciliation or arbitration to take place.

In order to gain entry to the Commercial Court the dispute must fall into one of the following categories:

1. Current financial disputes where the claim, or counterclaim, is not less than €1,000,000 can be admitted to the Commercial Court. However, there has been some speculation that the minimum entry level of may be increased to €2,500,000.
2. Any application or proceedings under the Arbitration Acts where the value of any claim or counterclaim is not less than €1,000,000.
3. Any legal dispute relating to a patents, a trade mark, copyright, industrial design or a case relating to ‘passing off’, for example where a competitor has tried to ‘pass off’ your product as their own.
4. Any appeal or application for a judicial review of a previous decision or determination that judge considers it suitable for admission to the Commercial Court.

There is also a catch all condition that can allow any case to heard where the Judge considers it appropriate for entry into the Commercial Court. But, whilst it does have a broad discretion to admit cases, it must be remembered that it is at the discretion of the High Court and even if your case falls into one of the above categories this does not automatically entitle you to entry.

Once your case has been admitted the it runs quickly because of the rules which provide for what is termed ‘detailed case management’, this ensures a strict timetable for any cases has to be met by all parties involved and they are fined if these deadlines are not met – this is why the Commercial Court moves so much faster than the High Court

The Commercial Court in Dublin has been a great success. It has garnered an international reputation as a Court that is simple to access and where disputes can be settled in a swift and cost effective manner compared to Courts abroad.

The success of the Commercial Court has promoted Ireland as a country where any commercial disputes arising can be resolved quickly and effectively. An efficient legal system and settling of disputes in this manner is vitally important in order to be able to attract international business. The Commercial Court is something that Ireland should be very proud off.

by Anthony Joyce, Principal, Anthony Joyce & Co, Dublin – www.anthonyjoyce.ie

Ends