Courts Service Annual Report 2020

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Mission Statement“ To manage the courts, support the judiciary and provide a high quality and professional service to all users of the courts. Table of Contents

At a glance��1

Glossary of terms ��2

Structure of the Courts ��5

Foreword by the Chief Justice and Chairperson of the Board ��6

Chapter 1: About the Courts Service ��8

Chapter 2: The year in review ��15

Chapter 3: The year in numbers ��38

Chapter 4: Governance and transparency �� 118

Chapter 5: Legislative provisions and reports of the Rules Committees ��130

Chapter 6: Financial statements ��139

Chapter 7: Additional Information ��152 2020 At a glance | 1

0 €1.981bn €5.436m 2,411 Record of Covid-19 Court funds Covid-19 related Remote Court being acquired managed expenditure sessions in 2020 or transmitted in any workplace or courtroom

At a glance

Capital Members of staff Training Days Irish Prison expenditure availed of our ﬁ rst virtual delivered Service remote classroom sessions appearances €66.1m 140 1,300 13,326

Delivering excellent services to court users; working in partnership 2020 2030 2 | Courts Service Annual Report 2020

Glossary of Terms

Appeal – a proceeding, taken by a party to a Defendant – a person against whom an action case who is dissatisfi ed with a decision made, is brought; a person charged with a criminal to a court having authority to review or set offence. aside that decision. Emergency care order – an order placing a Barring order – an order preventing the child under the care of the Child and Family person against whom the order is made (‘the Agency (Tusla) for a maximum period of eight respondent’) from entering the family home days if the court considers that there is a or using or threatening violence against serious risk to the health or welfare of a child. the person who applied for the order (‘the applicant’) or other family members. Indictment – (a) a formal document setting out certain kinds of charges against an Care order – an order placing a child in the accused person or (b) the process by which care of the Child and Family Agency (Tusla) those charges are presented against the until he or she reaches the age of eighteen or accused. a shorter period as determined by the court. Indictable offence – an offence which, if Certifi ed list – a list of cases certifi ed by committed by an adult, is triable on indictment. counsel as being ready for hearing. Injunction – an order of the court directing Civil Bill – a document used to commence a a party to an action to do, or to refrain from civil case in the Circuit Court, it gives details of doing, something. the parties to the case and details of the claim being made. Interim barring order – an immediate order, requiring the person against whom the order Claim Notice – a document used to is made (‘the respondent’) to leave the family commence a civil case in the District Court, home, pending the hearing of an application it gives details of the parties to the case and for a barring order. details of the claim being made. Interim care order – an order, granted when Debt relief notice – one of three debt an application for a care order has been or resolution mechanisms introduced by is about to be made, requiring that the child the Personal Insolvency Act, 2012 to named in the order be placed in the care of help mortgage-holders and others with the Child and Family Agency (Tusla). unsustainable debt to reach agreements with their creditors. It allows for the write-off of Intestate – dying without making a valid will. qualifying debt up to €20,000, subject to a three-year supervision period. Judicial review – a legal remedy available in situations where a body or tribunal is alleged Debt settlement arrangement – one of to have acted in excess of legal authority or three debt resolution mechanisms introduced contrary to its duty. by the Personal Insolvency Act, 2012 to help mortgage-holders and others with Judicial separation – a decree granted by unsustainable debt to reach agreements the court relieving spouses to a marriage of with their creditors. It applies to the agreed the obligation to cohabit. settlement of unsecured debts, usually over a period of fi ve years. Jurisdiction – (a) the power of a court or judge to hear an action, petition or other Defence – a document delivered by the proceeding, or (b) the geographical area within defendant to the plaintiff in response to a civil which such power may be exercised. bill in the Circuit Court or a plenary summons in the High Court.

Delivering excellent services to court users; working in partnership 2020 2030 Glossary of Terms | 3

Liquidated debt – a claim for a specifi ed Safety order – an order prohibiting the amount of money. person against whom the order is made (‘the respondent’) from committing further acts of Mortgage suit – a form of proceeding violence or threatening to do so. It does not to recover a debt owed to the holder of prevent the respondent from entering the security on property – by forcing the sale of family home. the property (usually on foot of a judgment mortgage or an equitable mortgage). Special exemption order – an order allowing a licensee to sell alcohol outside the normal National Development Finance Agency licensing hours subject to certain conditions. - The NDFA is an integrated fi nance, procurement and project delivery model Special summons – document used to established within the National Treasury begin certain civil proceedings (e.g. equity Management Agency to bring a unifi ed claims, mortgage enforcement, administration commercial approach to the procurement and of trusts) in the High Court to be heard on project management of new public sector affi davit (i.e. not oral evidence). projects, including Public Private Partnerships. Specifi c performance - an order of a court Noelle prosequi – the entering by the which requires a party to perform a specifi c prosecution of a stay on criminal proceedings act, usually what is stated in a contract e.g. (not to be confused with an acquittal). contracts for the sale, purchase or lease of land. It is an alternative to awarding damages, Personal insolvency arrangement – and is a discretionary equitable remedy. one of three debt resolution mechanisms introduced by the Personal Insolvency Act, Summary judgment – judgment for a claim 2012 to help mortgage-holders and others in respect of a debt or specifi c monetary with unsustainable debt to reach agreements demand. The judgment is given to the plaintiff with their creditors. It applies to the agreed against the defendant in a court offi ce without settlement and/or restructuring of secured the need to bring the claim to court. debts up to a total of €3 million (as well as unsecured debts) over a period of six years. Summary summons – document used to commence certain civil proceedings (e.g. Petition – document used to commence claims for a specifi c amount of money, certain civil proceedings in the High Court recovery of possession by a landlord) in the (e.g. application to wind up a company, have a High Court, to be heard on affi davit. person adjudicated bankrupt). Supervision order – an order allowing the Plaintiff – a person who brings a legal action Child and Family Agency (Tusla) to monitor a against another. child considered to be at risk. The child is not removed from his or her home environment. A Plenary summons – document used to supervision order is for a fi xed period of time commence certain civil proceedings (e.g. not longer than 12 months initially. claims for non–specifi c damages, libel, nuisance) in the High Court where pleadings and oral evidence are required.

Protection order – an interim order, granted when an application for a safety/barring order has been made, prohibiting the person against whom the order is made (‘the respondent’) from committing further acts of violence or threatening violence.

Delivering excellent services to court users; working in partnership 2020 2030 4 | Courts Service Annual Report 2020

Our primary functions“ are to manage the courts, support the Judiciary, provide information on the courts system to the public, and provide court buildings and facilities for court users.

Delivering excellent services to court users; working in partnership 2020 2030 Structure of the Courts | 5

Structure of the Courts

Supreme Court The court of ﬁ nal appeal in civil and criminal matters. Appeals may be made only where the court grants permission in limited circumstances as set out in the Constitution. Can decide on the constitutionality of a bill if referred to it by the President.

Can determine a question of the permanent incapacity of the President if it arises.

High Court Court of Appeal Central Criminal Has full original jurisdiction Deals with appeals from in, and power to determine, Court the High Court in civil all matters and questions, Criminal division of the cases and appeals from whether of law or fact, civil High Court. Tries serious the Circuit Court, Central and criminal. Power to crime including murder, Criminal Court or Special determine the validity of rape, treason and piracy. Criminal Court. any law having regard to the Constitution. Appeal court from the Circuit Court in civil matters.

Circuit Court Special Criminal Court of limited and local jurisdiction Court organised on a regional basis Established for the trial CIVIL JURISDICTION: claims up to the of offences in cases value of €75,000 (€60,000 in personal where it is determined injury cases) that the ordinary courts are inadequate to FAMILY LAW: Divorce, judicial separation, secure the effective nullity, and other ancillary matters administration of justice CRIMINAL JURISDICTION: Jury trial of and the preservation of offences other than those triable in the public peace and order. Central Criminal Court. Appeal Court from the District Court in all matters.

District Court Court of limited and local jurisdiction organised on a local basis CIVIL JURISDICTION: claims up to the value of €15,000 FAMILY LAW: Maintenance, custody, access and domestic Denotes appeal violence structure CRIMINAL JURISDICTION: includes non-jury trial of offences (the diagram is including most road trafﬁ c offences. simpliﬁ ed for the THE SMALL CLAIMS PROCEDURE operates within the purpose of this District Court representation)

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Foreword by The Hon. Mr. Justice Frank Clarke, Chief Justice

There is no doubt that 2020 was a truly provide an acceptable means of dealing with unprecedented year for all of us. The the proceedings. Courts Service, no less than all other sectors of society, had to adapt quickly and Other similar measures were introduced in radical ways. Many of the innovations such as a much expanded use of video link which occurred would not have been to prisons ensuring that 13,000 prisoners thought of 10 years ago by even the most were able to access hearings into their radical innovators. While some of the bail status without having to be moved, measures adopted might have been under in signifi cant numbers, to courtrooms consideration, their adoption was expedited throughout the country. It is reasonable to in a very signifi cant way. assume that this simple measure played an important role in the particular success of The whole country, and indeed the world, greatly minimising the incidence of Covid-19 has had to adapt to working remotely and in our prisons. digitally in signifi cant parts of our work and lives. The core function of the courts We must, of course, recognise the many and the Courts Service is, of course, to imperfections in our response. When enable disputes to be resolved through speaking remotely to members of staff at the court process and appropriate orders the beginning of the crisis, I suggested that, made in accordance with justice and when it was all over, we would undoubtedly law. That core function could not have have to recognise that not every decision been carried out in the traditional way made was the right one. Decisions had to because of the restrictions imposed by the be made in days and weeks which would pandemic. However, there was no option normally take months or even years of but to endeavour to keep as much of that careful planning. As I mentioned on that core function operational as could be occasion, the virus does not wait for the achieved within the parameters of public report of the committee or the working regulation and guidance. Some types of group. However, not making decisions, proceedings could only be conducted with even if imperfect, would have resulted physical hearings and new measures were in a signifi cantly greater reduction in the introduced to enable that to happen in those throughput of our courts than actually situations where there was no alternative to occurred. That being said, we must the physical courtroom but to do so in a way acknowledge that build-ups have developed that was as safe as possible. in certain areas, not least those which were not considered suitable for remote hearings. However, immediately after the We must also recognise that there are announcement of the initial restrictions potentially signifi cant numbers of cases out in March, 2020, the Court Presidents, there which have not been commenced in conjunction with the Courts Service, because of the pandemic but which may began to explore the possibility of remote well come into court offi ces throughout the hearings. Within a short number of weeks, country in the relatively near future. Planning many courts were conducting much of their is well under way to try and address these business through remote hearings where problems but they will provide signifi cant that form of hearing was considered to challenges.

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I think it can fairly be said that, at each level, the staff of the Courts Service more than rose“ to the occasion.

We have also learned a great deal about the clutches of Covid-19. The Courts Service what works and what does not work in light Modernisation Programme has, despite all of what might be described as a “forced the demands on resources created by the experiment” brought on us by the pandemic. pandemic, been proceeding as planned That learning will greatly inform not just and, indeed, much of the learning which how we manage our attempts to meet the we have achieved, by implementing the challenges of build-ups but also how we plan extraordinary measures necessitated by to put in place modern procedures which are the pandemic will feed into the precise fi t for purpose in a digital age. implementation of that programme. On civil justice, it will be necessary to implement I must, of course, recognise that none of this the recommendations of the Kelly Report. would have happened without the dedicated A major restructuring of family law courts work of many. I think it can fairly be said is contemplated by new legislation. Those that, at each level, the staff of the Courts matters are progressing and will defi ne the Service more than rose to the occasion. landscape of the courts in years to come. Staff went much more than the extra mile However, the overriding message from 2020 whether it was in complex organisation at a was, in my view, the speed with which all senior level or devising practical ways on the involved showed that we could radically ground of keeping as much of the show on adapt to unprecedentedly challenging the road as could be done safely. The fact circumstances. That is the message from that many areas do not have a build-up at 2020 but it also provides hope for the all is a testament to those efforts and also message that will emerge from 2021 and provides comfort in the context of meeting subsequent years. the challenges ahead. My colleague judges were required to innovate in ways which I am grateful to all concerned for their many would not have considered possible efforts and partnership through this past even fi ve years ago. Many working groups momentous year. I also extend that and consultation processes were put in gratitude to the Minister for Justice and place with other stakeholders including legal her department for their accessibility to our professionals. Without their support, and requirements and requests through these importantly their preparedness to innovate, diffi cult times. I also very much welcome much of what was achieved would just not the commitment to our Modernisation have happened. Programme shown by the signifi cant fi nancial allocation to that programme in The pandemic which led to the year, to the last budget. Meeting the challenges which this report relates, being a truly ahead will require us all to pull together. The extraordinary one for the Courts Service experience of 2020 suggests that this can be has, of course, continued well into the next done. year. The report for 2021 will, doubtless, refl ect on how we handled the continuing Frank Clarke ups and downs of the pandemic and the Chief Justice restrictions which it forced. It may also be Chairman of the board of the possible to sketch in more detail a picture of Courts Service where we hope to stand as we emerge from

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Chapter 1

About the Courts Service

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About the Courts Service

The Courts Service is responsible for the administration and management of the courts in Ireland. Our primary functions are to manage the courts, support the Judiciary, provide information on the courts system to the public, and provide court buildings and facilities for court users.

Our ancillary powers include acquiring, p the most benefi cial, effective and effi cient holding and disposing of land, entering use of organisation resources and into contracts, designating court venues p any policy or objective of the Government and making proposals to the Minister for or Minister insofar as it may affect or Justice regarding, for example; reform and relate to the functions of the organisation. development matters, the distribution of The Act also provides that the Board may jurisdiction and business among the Courts. establish committees to advise it in relation to the performance of its functions and may The Courts Service is responsible for the appoint committee members who are not management of all aspects of court activities members of the Board but have a specialist (with the exception of judicial functions knowledge and experience related to the which are a matter exclusively for the purposes of the committee. Committees and Judiciary). In fulfi lling our functions over their actions are subject to confi rmation by 1,100 staff, across a nationwide network of the Board as deemed necessary. offi ces and court venues, provide services in Civil, Criminal and Family Law to court The committees of the Board as at 31 users daily. These offi ces, supported by December 2020 were: directorates established as part of our management structure, working with the p Finance Committee Judiciary, facilitate the work of the Supreme Court, Court of Appeal, High Court, Circuit p Audit and Risk Committee Court and District Court. p Family Law Court Development Committee The Courts Service is governed by a Board p Building Committee consisting of a chairperson and 17 other p Modernisation Committee members. The Courts Service Act, 1998 provides that the chairperson of the Board should be the Chief Justice and that the Board should contain judicial representatives from each Court, a staff representative, a representative of the Minister for Justice and representatives from the legal professions, trade unions and business world.

The Board considers and determines policy in relation to the Courts Service and oversees the implementation of that policy by the Chief Executive Ofﬁ cer. The Courts Service Act provides that the Board consider

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Courts Service Board

Mr. Justice Frank Mr. Justice George Ms. Justice Mary Irvine Clarke, Chief Justice and Birmingham, President of (Appointed June 2020)*, Chairperson of the Board the Court of Appeal President of the High Court

Ms. Justice Elizabeth Mr. Justice Patrick Mr. Justice Tony Dunne, Elected by the McCarthy, Elected by the O’Connor, Elected by the ordinary judges of the ordinary judges of the Court ordinary Judges of the High Supreme Court of Appeal Court

Ms. Justice Patricia Ryan, Her Honour Judge Alice His Honour Judge Colin President of the Circuit Doyle, Elected by the Daly, President of the Court ordinary judges of the District Court Circuit Court

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Judge Conal Gibbons, Ms. Angela Denning, Chief Ms. Maura McNally SC Elected by the judges of the Executive of the Courts (Appointed November)**, District Court Service Chair and Nominee of the Bar Council

Ms. Michele O’Boyle Ms. Hilary McSweeney Mr. Doncha O’Sullivan, (Appointed November)***, (Appointed November)****, Ofﬁ cial of the Department Nominee of the Law Society. Elected by the staff of the of Justice nominated by the Courts Service Minister

Ms. Karen Kiernan, Ms. Patricia King, General Ms. Deirdre Kiely, Nominated by the Minister Secretary and nominee of Nominated by the Minister to represent consumers of Irish Congress of Trade because of her relevant the services provided by the Unions knowledge and experience Courts in commerce, ﬁ nance or administration.

*Replaced Mr. Justice Peter Kelly ***Replaced Mr. Michael Quinlan **Replaced Mr. Micheál P. O’Higgins ****Replaced Mr. Damien Downey

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Courts Service Board Committees

Finance Committee The Hon. Mr. Justice Frank Clarke, Chief Justice, (Chairperson) The Hon. Mr. Justice George Birmingham, President of the Court of Appeal The Hon. Ms. Justice Mary Irvine, President of the High Court The Hon. Ms. Justice Patricia Ryan, President of the Circuit Court His Honour Judge Colin Daly, President of the District Court Ms. Angela Denning, Chief Executive of the Courts Service Mr. Doncha O’Sullivan, Courts Service Board member representing the Department of Justice Ms. Deirdre Kiely, Courts Service Board member representing commercial and ﬁ nancial interests.

Audit and Risk Committee Ms. Deirdre Kiely, (Chairperson) The Hon Mr. Justice Seamus Noonan, Judge of the Court Of Appeal His Honour Judge James McCourt, Judge of the Circuit Court Judge John Hughes, Judge of the District Court (October- replaced Judge Michael Coghlan) Ms. Patricia Barker, External Committee member Mr. Doncha O’Sullivan, Courts Service Board Member representing the Department of Justice.

Building Committee The Hon. Mr. Justice Patrick McCarthy, Judge of the Court of Appeal, (Chairperson) The Hon. Mr. Justice Seamus Noonan, Judge of the Court of Appeal The Hon. Mr. Justice John Jordan, Judge of the High Court Her Honour Judge Kathryn Hutton, Judge of the Circuit Court Judge Paula Murphy, Judge of the District Court Ms. Angela Denning, Chief Executive and Courts Service Board Member Ms. Patricia King, Courts Service Board Member Mr. Michael Quinlan, Nominee of the Law Society Mr Brian Kennedy, Nominee of the Chairman of the Bar Council* Mr. Peter Mullan, Assistant Secretary of Circuit and District Court Directorate Mr. John Cleere, Assistant Secretary of Corporate Services Directorate Mr. Ciaran O’Connor, representative of the Ofﬁ ce of Public Works *Mr. Jack Nicholas BL to act as alternate to Brian Kennedy.

Family Law Court Development Committee This Committee has been repurposed and is due to reconvene in 2021.

Modernisation Committee of the Courts Service Board The Hon. Mr. Justice Frank Clarke, Chief Justice, (Chairperson) His Honour Judge Colin Daly, President of the District Court Mr. Michael Quinlan, Courts Service Board Member nominated by the Law Society Ms. Catherine Treacy, Former CEO of the Property Registration Authority Ms. Angela Denning, Chief Executive Ofﬁ cer.

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Organisational Structure

Courts Service Board

Family Audit Committee Finance Building Law Court Modernisation Committee Committee Development Committee Committee

Chief Risk Internal Audit Ofﬁ ce of the CEO and Ofﬁ cer Secretarial role to the Board

Strategic Human Resources

Angela Denning, Chief Executive Communications

Tom Ward*, Owen Harrison, John Cleere, Audrey Leonard, Peter Mullan, Assistant Secretary, Assistant Secretary, Assistant Secretary, Assistant Secretary, Assistant Secretary, Superior Courts, Chief Information Corporate Services Strategy & Reform Circuit & District Directorate Ofﬁ cer Directorate Directorate Courts Directorate

Marianne Cassidy, Eamonn Kiely, Brendan McDonald, Shay Keary, Manager, Eastern Manager, Southern Manager, Western Manager, North Regional Offi ce Regional Offi ce Regional Offi ce Midlands Regional Offi ce

*Tom Ward was appointed in January 2021 after Ms. Geraldine Hurley left the Courts Service in July 2020

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Chief Executive Offi cer and Senior The Western Regional Offi ce includes the Management Team administrative area of counties: Mayo, Galway, Clare, Sligo, Roscommon, Donegal The Chief Executive Offi cer is responsible and Leitrim. for the implementation of policies approved by the Board, the day-to-day management of North Midlands Regional Offi ce includes the staff, administration and business of the the administrative area of counties: Louth, Courts Service and is also the Accounting Meath, Monaghan, Westmeath, Offaly, Offi cer for the Courts Service. Longford and Cavan. The Chief Executive Offi cer is supported by the Senior Management Team comprising Assistant Secretaries with responsibility for Superior Courts, Circuit and District Courts, Strategy and Reform, Corporate Services, the Chief Information Offi cer, the Head of Strategic Human Resources, a representative of the Principal Offi cers and the Principal Offi cer in the Offi ce of the CEO.

Organisational structure The Courts Service is a largely decentralised organisation with administrative responsibility for courthouses and court venues throughout Ireland.

In Dublin, court offi ces support the work of the Supreme Court, Court of Appeal, High Court, Dublin Circuit Court and Dublin Metropolitan District Court in the Four Courts, Criminal Courts of Justice, Dolphin House, Swords, Dun Laoghaire and Cloverhill. Outside of Dublin, 25 court offi ces support the work of both the Circuit Court and the District Court, and eight offi ces support the work of the District Court only.

The Southern Regional Ofﬁ ce includes the administrative area of counties: Cork, Limerick, Tipperary and Kerry.

The Eastern Regional Ofﬁ ce includes the administrative area of counties: Kildare, Wicklow, Carlow, Kilkenny, Wexford, Laois and Waterford.

Delivering excellent services to court users; working in partnership 2020 2030 The year in review | 15

Chapter 2

The year in review

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Angela Denning Chief Executive Ofﬁ cer

It is normal to end introductions to reports the work of the Courts our collegiality such as this with thanks to those we have strengthened. I am very grateful for the worked with in the past year. This year, the support, appreciation and understanding Covid-19 pandemic impacted our operating from the judges of Ireland as we did our all environment signifi cantly and so I wish together to maintain access to justice. to start this report by extending the most heartfelt thank you to every individual and In 2020 our partnerships extended to the organisation who helped keep the Courts professions, their representative bodies, and our services open and safe, in what was all justice sector agencies, the Department an unprecedented year. of Justice, the Department of Public Expenditure and Reform and representatives Our agility in handling the challenges of court users. Together we achieved so we faced throughout the year was made much this past year. I thank them all for their possible by our staff who demonstrated co-operation, support and understanding. I extraordinary resilience and dedication to look forward to continuing to work together the delivery of vital public services to ensure as, like court administrations worldwide, access to justice throughout the pandemic. we attempt to embed the many positive That they adapted quickly and repeatedly changes achieved through necessity over to constantly changing circumstances the past year. in such a committed and professional manner is testimony to their public service The following chapter of this report outlines values. I am extremely proud of how our how we met the challenges the pandemic teams nationwide responded to the many posed across all our areas of activity in 2020 challenges presented thereby ensuring while maintaining a strategic approach to that Courts remained open in very diffi cult change. Communications featured strongly circumstances. Thank you to each and every in our response to the pandemic, opening one of you for your agility, resourcefulness up regular contact with the Judiciary, our and dedication during 2020. partners and more prolifi c engagement on courts.ie and our social media channels. Our partnership with the Judiciary has Continuing to focus on communicating with always been an asset to the efforts of the the right people at the right time and getting Courts Service. The past year has seen our feedback will be important as we seek to collaborative efforts deliver extraordinary bring all those involved in the Courts and changes to the way we work. As every justice system with us on our modernisation effort was made to prioritise services to the journey. most vulnerable in our society and support

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The work of the courts often reﬂ ects what is happening in society at a given “point in time.

Our 10-year Modernisation Programme is At the end of 2020 we published our based on the following principles: it should Strategic Plan 2021-2023 which outlines six be just, user-centric, simplifi ed, provide for overarching strategic goals for the Courts timely access to justice, provide integrated Service for the next three years. It is the services, be collaborative and effi cient and fi rst major part of our 10-year Modernisation effective. We sought to underpin everything Programme which aims to bring new digital we did over the past year with these technology and modern ways of working to principles. the administration of justice, making access to justice easier and quicker to navigate, The work of the Courts often refl ects what is better responding to the needs of court happening in society at a given point in time. users. The statistics section of this report shows just how the Courts performed in 2020 Angela Denning and the effects of the pandemic on case Chief Executive Offi cer types, hearings and length of waiting times. The Courts Service Throughout this Annual Report we also aim to provide a narrative of the activities undertaken by the Courts Service and the expenditure of public funds in infrastructure, ICT, services and people to support our vital work.

As we continue into the next phase of our planned decade of change and modernisation, this report provides evidence of how much we have achieved in a short period of upheaval and challenge. It is an example of what can be achieved by being agile, innovative and efﬁ cient in a rapidly changing environment. The challenge that lies ahead is to build on the positive experiences from the pandemic, through feedback, to better inform our recovery plans and to progress our modernisation ambitions.

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The Courts Service 2020 Story – a unique year in review

The Annual Report 2020 tells the Courts during restrictions. Practice Directions and Service story of an extraordinary year. This Orders changed to refl ect updated public chapter outlines how, with limited time to health guidelines. prepare, we continued to provide access to p We applied a crisis communications justice in very challenging circumstances. approach and ensured daily updates and notices were published on our website, At the start of 2020, we had just commenced courts.ie and we signifi cantly increased our Modernisation Programme, a 10-year our use of social media – reaching programme to improve access to justice in a thousands of practitioners and court modern, digital Ireland. We were working to users. our seven key priorities from the Corporate p During the most restrictive lockdowns, Strategic Plan 2018 -2020. However, when only essential proceedings could be the pandemic hit those priorities reduced dealt with, but as guidance allowed, case to two: fi rstly, keeping Courts and services volume increased. open and safe for staff, the Judiciary and all users, and secondly prioritising p Urgent and essential cases continued modernisation projects and innovation to to be heard throughout. This included meet the challenges of the new working domestic violence and criminal environment. proceedings. p All written judgments were delivered Our 2020 story demonstrates how the work electronically and published on the Courts and operations of the Courts continued and, Service website, courts.ie. in some cases, improved. p Attendance at Court offi ces was by appointment only to ensure that footfall Immediate Response to Covid-19 could be safely managed. In early 2020 signifi cant preparations were made by Courts Service staff as Covid-19 This approach broadly applied to all spread towards Europe. Overnight our jurisdictions; however, the pandemic also court operations, traditionally involving exposed the diverse nature of operations high volumes of people in court offi ces and across each of the jurisdictions and across courtrooms, had to change to take account various offi ces. This report therefore of the public health emergency and to demonstrates how each of the jurisdictions comply with public health guidelines. responded.

To keep the Courts operational and court The Supreme Court and Court of users informed: Appeal The story of the pandemic for the Supreme p The Courts Service Senior Management Court and Court of Appeal is one of early Team met the Chief Justice and adoption of technology to overcome the Presidents of all jurisdictions regularly speciﬁ c challenges social distancing to ensure that we maximised case requirements presented for collegiate courts. throughput while always adhering to public health guidelines. The commencement of the Civil Law and p The Presidents of all jurisdictions issued Criminal Law (Miscellaneous Provisions) regular Practice Directions and Orders Act 2020 was particularly important in setting out how Courts would operate all jurisdictions to support the use of

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technology in Courts. Both the Supreme Extradition, Habeas Corpus, Wardship, Court and Court of Appeal quickly adopted Injunctions and their enforcement and urgent the use of the video technology platform applications for Judicial Review were all ‘Pexip’ and made greater use of electronic prioritised in 2020. documentation to facilitate their continued work. Procedures were introduced to ensure The High Court remained available to rule that justice was administered in public. settlements reached and worked very Both jurisdictions delivered their judgments hard to encourage the use of alternative electronically. dispute resolution. The High Court was also an early adopter of remote courtroom The Supreme Court introduced a new technology and essential business such procedure whereby they would issue a as Wardship applications which continued statement of their understanding of the case thanks to this new technology. However, lists and a request for clarifi cation, to support where matters in normal times proceeded an improved understanding of the precise to full hearing (e.g. Strategic Infrastructure matters on which the parties truly differ and Development, Personal Injury, Defamation) on which the Court would need to decide in saw signifi cant reductions in numbers of advance of a hearing. cases resolved as a result of the inability to hold hearings. Waiting times for a hearing in both Courts were improved, to a certain extent, by Pandemic restrictions only allowed for a net reduction in the numbers of new access to court offi ces by appointment for cases coming into their lists from other jurisdictions. 2020 was the fi rst full year in the most urgent matters or not at all, when which the Court of Appeal benefi tted from an Government Guidelines necessitated the additional division on foot of its expansion in curtailing of all non-essential travel. For autumn of 2019. By year end in both Courts, the Probate Offi ce and the District Probate there was a net improvement in the numbers Registries, the restrictions resulted in the of cases waiting to be dealt with compared temporary closure of the service to personal to 2019. applicants and a move to a postal/ drop box arrangement for all applications. The move High Court away from personal service saw a signifi cant increase in the volume of post, e-mails, Prior to March 2020, proceedings in the telephone calls and correspondence across High Court involved the attendance of all offi ces. litigants and their representatives and in some cases, jurors and expert witnesses. A simple but very helpful innovation The restrictions on travel as well as the introduced by the President of the High limitations on holding in-person Courts because of social distancing rules meant Court to assist practitioners by reducing that by comparison to appellate courts, the the volume of papers required to be impact of the pandemic on the High Court prepared in advance of a hearing, was the and the Offi ces of the High Court, was introduction of practice direction HC 97. A signifi cant. list of the authorities for the most common interlocutory applications is now contained Like the other jurisdictions, at the outset, in the Court’s own Book of Authorities which the High Court prioritised those matters is available on the Courts Service website, related to people’s liberty or which were courts.ie and is kept updated. Books of particularly urgent. An additional Court to Authorities in such applications should hear Bail applications was established to only include authorities not identifi ed in meet an increase in demand in this area the Court’s own book and then only if such and to facilitate social distancing for in- authorities are of particular relevance to the person applications. Applications for Bail, application.

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New ways of working and modernisation Offi ce online – linking up both stages. Working groups involving members of the This has been to the overall benefi t of Judiciary, legal professionals and Courts applicants, with less offi ce visits involved Service staff were particularly productive and an improvement in the time taken to in working out how cases could be heard receive a grant. and how the resolution of cases could be p The pandemic period also saw otherwise encouraged. The Courts Service participants attend remote Courts who is particularly grateful to those members of previously would have been excluded. the legal profession who took part in moot The Courts hearing applications for Courts using the new technology, which people to be made Wards of Court were crucial in shaping the organisational allowed members of families observe approach to supporting such Courts. the proceedings and as appropriate, participate in them, who previously may The pandemic also strengthened the case not have attended. to press ahead with modernisation plans to facilitate electronic case management. p The technology also reduced the amount While users may have been able to avail of time medical and other experts take of a remote platform for hearings, original to attend Court because travelling to documents for Court still had to be fi led and from Court and, in some instances, physically in the High Court Central waiting to be called, was not needed. Offi ce. The imposition of travel and other p Applications for adjournments and orders restrictions necessitated the adoption of an by consent were accepted by email. appointments system for personal callers p The Examiners Offi ce was also able to which were strictly limited to business of an conduct its business and involve a greater urgent nature. We acknowledge that this number of participants over the remote situation was less than satisfactory for both technology who previously would not have court users and staff. been inclined to attend because of the time and consequential cost involved. The additional administrative burden p The High Court bail list continued with associated with remote courts and new ways those in custody participating over video of working was substantial, in the absence link, thereby supporting the efforts of the of systems to facilitate easy communication Irish Prison Service to keep the prisons with court users. Work is progressing to largely Covid-19 free. lighten this administrative load in 2021. p The use of the technology for positive call Examples of modernisation already overs of cases also allowed the Courts improving access to the High Court: clarify exactly how many cases remained p In September 2020 the Courts in their lists and to progress cases that Service and the Offi ce of the Revenue were due to be heard. This was also of Commissioners (Revenue) introduced ease to legal representatives who did not a new online process designed to need to leave their offi ces to attend Court reduce the common errors previously for short administrative matters. encountered when completing the paper Inland Revenue Affi davit. This new online High Court Data fi rst stage to fi ling and processing an Overall the data mapping, regarding application for probate or administration, matters before the High Court, shows a also aims at allowing applicants fi le signifi cant year-on-year reduction of new effi ciently from their offi ce or home. cases initiated in matters involving fi nance The Probate Offi ce then confi rms to (revenue, possession, liquidated debt) with a Revenue on ROS the date of issue of the corresponding increase in cases where the grant in each application and summary State covered the costs of both sides of the information is available to the Probate litigation (Bail, Asylum).

Delivering excellent services to court users; working in partnership 2020 2030 The year in review | 21

Supreme Court Judges visited Waterford Institute of Technology as part of the Court sitting in the South East early in 2020.

The net reduction in numbers of cases p 32% decrease in Regulation of disposed of in the High Court in 2020 Professions are likely due to a combination of factors p 23% decrease in Garda Compensation including; the inability to hold in-person cases hearings; the need to separate cases in the lists; and the temporary closure of some p 29% decrease in Habeas Corpus other Courts to comply with national health p 77% decrease in Bankruptcy Summonses guidelines. and 65% decrease in Bankruptcy Petitions Addressing the waiting times built up in p 89% decrease in Judgments marked in some areas during the pandemic, while at the offi ce the same time meeting the goals set out in p 43% decrease in Deed Poll our Modernisation Programme, represent very signifi cant challenges for all those working in the Courts in the short to medium Circuit and District Courts terms. At all times during the pandemic, the Circuit and District Courts continued to Statistical Highlights from the deal with urgent matters in the areas of Superior Courts include: Family Law and crime (especially cases involving persons in custody). Operations p 84% increase in Assault (Civil) in the Circuit and District Court during the p 37% increase in High Court Bail pandemic experienced the most signifi cant p 70% increase in Adoption in the High change in how the Courts operate, primarily Court because our buildings across the country p Personal Injury – new cases reduced in determined the throughput of people number by 16% attending Court.

Delivering excellent services to court users; working in partnership 2020 2030 22 | Courts Service Annual Report 2020

Transformation of Operations it, virtual Courts were held across many To maximise the safety of all court users parts of the country. our standard operating models had to p Just as was the case for the Superior be radically changed. Every courtroom Courts, the Circuit and District Courts nationwide was surveyed and a maximum engaged in widespread use of capacity determined. video conferencing technology. This also increased signifi cantly as new p Court lists were restructured with legislation (Civil Law and Criminal Law staggered listing of cases across the day- (Miscellaneous Provisions) Act, 2020) replacing the normal listing of business for expanded the types of proceedings that the start of court sessions. could be heard remotely. p Cases had to be ready for their allocated p This was particularly signifi cant for the time otherwise valuable court time would Irish Prison Service as more and more be wasted. appearances by prisoners in criminal p New procedures were introduced proceedings were dealt with remotely. across the country in consultation with This greatly reduced the need to transfer stakeholders. prisoners to courthouses and minimised p Consent orders could be made by the risk of infection being brought back applying directly to Court offi ces. Notice into prisons. of such requests could be put before a p Although criminal trials before a jury Judge to make an order with no need for stopped when the initial lockdown started parties to attend Court. and could not restart until the autumn, p In circumstances where Judges and the normal court summer vacation was County Registrars thought it appropriate truncated in many areas and Circuit and the technical infrastructure supported Criminal and Central Criminal Court trials

The Courts Service celebrated its 21st Anniversary in 2020. This photo is of then Minister for Justice and Chief Justice signing the Courts Service establishment order in 1999.

Delivering excellent services to court users; working in partnership 2020 2030 The year in review | 23

began in September to help ease the Courts. In 2020, Circuit and District Court build-up of cases. data refl ects how the pandemic impacted p Importantly, as well as keeping all the people and their businesses. Highlighted urgent and time sensitive matters open below are the standout changes in new case for business, the Courts Service worked types received by these Courts in 2020. A closely with the Department of Justice full set of statistics for all Courts follows in a on the “Still Here” campaign. This was separate chapter. to highlight and reassure court users that domestic violence services were p 76% decrease in Property (Possession) still available and had not been curtailed cases during lockdown. p 42% decrease in Recovery of Debt (liquidated claims) cases Operational Challenges and Responses p 28% decrease in Personal Insolvency in It was unavoidable that court lists changed the Circuit Court with altered restrictions, frequently on very p 23% decrease in Small Claims short notice. As with all jurisdictions, offi ces adapted to the situation by increasing p 29% increase in Divorce - 32% increase communication with parties to try to minimise in wives seeking divorce in the Circuit the impact that this disruption caused to Court court users. Parties to proceedings were p 48% decrease in Judicial Separation updated by either email, written notice, p 30% decrease in guardianship custody phone (if contact details were available) and access in the District Court by updating the Courts Service website, p 28% increase in Childcare orders courts.ie. p 40% decrease in Maintenance To avoid congregations of people waiting applications. to be dealt with, court offi ces moved from p 12% increase in Domestic Violence. a fi rst-come-fi rst-served model to an p 70% decrease in Licensing appointment-based system. p 47% decrease in District Court Appeals. Drop boxes were installed in court houses to allow correspondence to be delivered Covid-19 Strategic Response directly to the building while also reducing Following the initial impact and fi rst two face-to-face engagement. months of the pandemic, the Government’s Return to Work Safely Protocol, issued in New public health guidelines and capacity May 2020. The Chief Executive Offi cer of numbers for courtrooms to allow for social the Courts Service immediately established distancing restrictions meant that not all a Covid-19 Response Management courthouses which had previously held jury Team (CRMT) assigned responsibility for trials were suitable to do so. Trials were developing a Covid-19 Safety Management moved within the Circuit areas to maximise System, which encompassed the following the limited number of venues available core elements: and to clear build-ups. For example, Trim courthouse normally only deals with Meath 1. Plan: The CRMT took a risk-based cases, but Wicklow cases were moved to assessment approach to create a Trim to ensure that the larger capacity at Covid-19 Business Response Plan, Trim Courthouse was used to its maximum. which detailed specifi c actions required and the resources needed to develop Notable Changes in case types at Circuit and implement safe arrangements for and District Courts Our Properties, Our People and Our Each year, changes in society are refl ected Processes. in the types of cases coming before the

Delivering excellent services to court users; working in partnership 2020 2030 24 | Courts Service Annual Report 2020

2. Policy and Procedures: Integral to that plan was our policy and procedures document, the ‘Covid-19 Safety Management Programme’. Our Covid-19 Safety Management Programme outlines the specifi c responsibilities of all persons in the organisation in the management of Covid-19. The programme also documents the procedural arrangements to ensure the safety of Our Properties, Our People and Our Processes. The programme also outlines the specifi c arrangements for the risk assessment and daily inspection of public areas, courtrooms and offi ces. Supporting guidance documentation is also included in the programme to assist local offi ces, for example, guidance on Social distancing badge designed by a signage requirements, how to deal with Courts Service staff member. a confi rmed and/or suspected case; and jury check-in protocol. regular compliance checks on Covid-19 3. Implementation: The Covid-19 measures required in court buildings, Safety Management Programme was court offi ces and courtrooms. Initially implemented in late June 2020 with these checklists were completed continuous support available to all offi ce manually and returned by email. In managers. Covid-19 Safety Induction October the introduction of the digital Training was delivered to all staff across tool iAuditor improved the process, the Courts Service to inform each person allowing actions required to be assigned of our safe working arrangements and for resolution in real-time. The Worker make them aware of the Covid-19 safety Representatives also communicated with management system. This training the CRMT, when necessary, to report any was adapted so that it could be shared Covid-19 safety issues or to follow up on with other court users, contractors Covid-19 incidents, which can also be and relevant third parties. A public submitted via iAuditor. information video to create awareness for all court attendees of the safe working 5. Review: The Covid-19 Safety environments in our court buildings was Management Programme is reviewed developed, placed on our website and regularly. To support the Government’s circulated via social media channels. Resilience and Recovery plan we Weekly updates by email have issued developed an operational framework. to all staff since May 2020, providing Where necessary revisions to the information, responding to queries arising document are made and communicated, or reminding staff of key public health for example, the Government’s issue measures and personal responsibilities. of the Work Safely Protocol in late November 2020. Strong links were 4. Monitoring: Every offi ce in the established with all business areas and Courts Service nominated a Worker the Communications and Media team Representative to liaise with the CRMT to keep the justice community and the and to assist in the implementation public informed of Courts further opening of the C-19 Safety Programme. Our up and any change. This has been Worker Representatives conducted especially important as we constantly

Delivering excellent services to court users; working in partnership 2020 2030 The year in review | 25

review and adapt guidance to ensure p The introduction of seven new video continued compliance and learning. enabled courtrooms, giving greater Regular updates have and continue to capacity for physical hearings to remotely be provided to the Senior Management dial in parties, and keeping footfall to a Team with key issues requiring minimum within courtrooms for hearings resolution being highlighted. A Judicial that required a physical setting. Liaison Committee was established p The investment and commencement of and continues to meet fortnightly with a €2.2 million project to further expand representative members of the Judiciary video-enabled courtrooms by almost on health and safety measures required 50%. to respond to Covid-19. p The creation and deployment of mobile technology courtrooms – supporting video Information Technology 2020 link, digital evidence display, and digital Update audio recording facilities in non-purpose- In 2020, technology was at the centre of the built courtrooms (‘pop-up Courts’). This Courts Service strategy to keep Courts and allowed for the expansion of courtroom services open and safe while progressing venues in new locations, increasing the modernisation agenda. An array of capacity to hold trials while maintaining digital enablers were introduced to support social distancing. the ongoing operation of court business p The design of new digitally enabled jury providing for fully remote hearings, hybrid empanelment solutions, where those remote hearings, ﬂ exible court venues and called for jury duty could go through other digital processes in lieu of typically empanelling in nearby but remote in-person interactions. These enablers settings, providing for social distancing included: measures. p The introduction of digitally enabled p The introduction and expansion of a overﬂ ow facilities to cater for legal teams, remote hearing platform, supporting members of the media and the public to all parties in attending court sessions monitor court proceedings in nearby but remotely. remote settings.

Remote Courts became a reality in 2020.

Delivering excellent services to court users; working in partnership 2020 2030 26 | Courts Service Annual Report 2020

p The introduction of a new digital Additionally, working groups with the fi le sharing facility to support legal Judiciary and legal practitioners were practitioners in the sharing of case-related established and met regularly over the year documents through digital means, instead to input into the design of, and to provide of manual paper-based distribution. ongoing feedback on, new digitally enabled p The rollout of WIFI in the Four Courts processes. campus including judges’ chambers to facilitate greater fl exibility in accessing Additional signifi cant changes and remote Courts and courtroom technology. improvements The Courts Service introduced a new and To support the organisation in adapting improved website supporting greater access to the rapid introduction of new ways of to information to court users and the public. working, an elevated level of technical and operational support across many areas The expansion of the capacity and capability of court business was introduced. This of the ICT function, in line with a 2019 report included an increase in support for digitally recommendation, commenced this year enabled courtrooms, both on and offsite, with the hiring of a Chief Information Offi cer and also the rapid rollout of mobile devices in September. This increase in capacity giving the fl exibility of working remotely is planned to continue throughout 2021 in where possible. order to better meet the ongoing demands of the Courts Service and to align with the Collaborative working to achieve needs of the Modernisation Programme. outcomes Numbers in Action There was signifi cant engagement and p Laptops and home workers – the Courts collaborative work with the Irish Prison Service issued 654 new laptops to Service across the year, as referenced Judiciary and staff in 2020 to facilitate previously by operations. This work led to fl exibility with independent working an increase in the use of video link, allowing locations to support social distancing those on remand to be dialled in remotely to measures. courtroom settings. The fi gures, which show p There were 2,411 remote court sessions the increased use of the remote attendance supported in 2020. facility, demonstrate the value of the solution provided during the year. p Prisons and prisoners availed of 13,326 remote appearances from prison locations linked to Courts in 2020.

IPS Video Appearances 2020

2000 1833 1800 1677 1549 1600 1370 1400 1322 1288 1110 1200 973 1000 800 707 711 600 424 400 362 200 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 20 20 20 20 20 20 20 20 20 20 20 20

Delivering excellent services to court users; working in partnership 2020 2030 The year in review | 27

Remote Court Sessions 2020

700 600 578

500 450 388 383 400 300 155 204 199 200 100 25 29 0 Apr May Jun Jul Aug Sep Oct Nov Dec 20 20 20 20 20 20 20 20 20

2020 knowledge and experience shaping management platform, and in particular our future. a unifi ed data model for case tracking, 2020 showed us clearly that there is a need posed challenges in this area. It also for a coherent, end-to-end, digitally-enabled highlighted the importance of data as both case management platform. This was an operational and strategic asset to the apparent during the rapid introduction of new organisation, and the challenges in this area isolated digital solutions in response to the will be used to inform the upcoming data pandemic. The introduction of new remote strategy due to be published in 2021. hearings saw an increase in administrative work related to scheduling, communications In what is likely to be a persistent digital and and management of case parties in mobile user base, there is now an expected remote settings. The lack of integration of ongoing demand for modern tools to support remote hearing solutions with a modern new location independent ways of working. case management system resulted in an Modern collaboration and communications increased workload for Courts Service staff. tools are an ongoing requirement of the This highlights the need for a more strategic Judiciary and staff, along with the necessary approach to digital process reform, if it is to supports. A strategic review of the desktop be sustainable. and core IT services, using the lessons learned in this area during 2020, is planned The rapid introduction of new digitally for 2021. enabled processes and solutions has provided a signifi cant opportunity for staff, Managing our courtrooms, Judiciary and legal practitioners to use buildings and offi ces in 2020 new technologies and provide feedback. This experience must be built on, through As well as the operational changes to court the continued use and development of the listings, procedures, and use of technology, judicial and practitioner engagement forums outlined above, the Courts Service adopted established during the year, thus providing a an equally innovative approach to the quality sounding board for the advancement signifi cant physical changes needed to court of the Modernisation Programme. offi ces and courtrooms to keep our staff, Judiciary and court users safe. This was The need for ongoing, quick access to a combined effort by operational staff on quality data was apparent throughout the ground and the Estates Management the year. The lack of a coherent case Unit, supported by the Covid-19 Response Management Team. Perhaps our greatest

Delivering excellent services to court users; working in partnership 2020 2030 28 | Courts Service Annual Report 2020

p Covid-19 public health information and signage was displayed in all courthouses and offi ces to ensure compliance by all Not a single record attendees with government guidelines “ p Public spaces were modifi ed by the of a workplace introduction of one-way systems or courtroom whenever possible and fl oor markings to encourage court users to maintain social acquired case of distancing and lessen congregation. Covid-19 p Every room in every courthouse was reviewed and a maximum people capacity was calculated for each area. A notice was displayed to ensure court users knew the maximum capacity to be achievement in 2020 was that so many accommodated safely. cases went ahead and so much work was completed, without any record of Covid-19 p People-management staff were deployed being acquired or transmitted in any to ensure that courthouses could operate workplace or courtroom during the year. safely by encouraging all court users to socially distance and manage the fl ow of Responding to Covid-19 and the use of people in and out of buildings. our buildings: p In some smaller courthouses, social We ensured the Courts Service strategic distancing guidelines made their goal of keeping Courts open and safe for all continued operation non-viable and staff, Judiciary and court users, by applying led to temporary closure, with court the National Public Health Emergency Team business transferring to larger and safer guidelines as a priority throughout 2020. courthouses. Our response necessitated a reprioritisation p Cleaning protocols were increased of work activities and disrupted previously with extra resources being directed to planned initiatives to further develop the increased cleaning of courtrooms, public courts estate. areas and offi ce spaces to minimise the risk of transfer of Covid-19 via surfaces Our courthouses were adapted to make and ensure the highest hygiene standards them compliant with Covid-19 guidelines. were maintained. This involved working closely with staff in the various offi ces and courthouses across the p New arrangements were put in place country to ensure: to carry out deep cleans of areas that infected or possibly infected people may have used. On any given day, a p The supply of Personal Protective Equipment in the form of face masks, courthouse is used by a wide range of gloves, antibacterial wipes, and hand court users and organisations (prisoners sanitiser bottles to all court buildings and prison offi cers, Gardaí, legal for distribution as required to individual practitioners, reporters, witnesses etc.) It offi ces, courtrooms and judges’ chambers. was important that any possible chance of infection spreading in courthouses be Where possible, rooms where individuals p eliminated once a risk was identifi ed. displaying symptoms of Covid-19 could temporarily self-isolate were identifi ed in Responding to Covid-19 and Trial Venues court buildings. To accommodate a trial, a courtroom must p Installation of hand sanitiser units across be able to hold a minimum of 25 people. all courthouses. This fi gure includes a Judge, court staff, the p Installation of protective screens in every legal professionals, witnesses, 12 jurors, operational courtroom in the country. prison offi cers, Gardaí and a member of

Delivering excellent services to court users; working in partnership 2020 2030 The year in review | 29

the press. Trials would normally be run In anticipation of the ongoing courtroom in every county of the country, but social capacity problem running into 2021, distancing requirements and capacity limits work was carried out in the autumn and cut back to twelve the number of venues winter to expand capacity by modifying that could accommodate trials safely. In more courtrooms to accommodate trials. Dublin, the Criminal Courts of Justice could Another four courthouses were upgraded only accommodate four trials simultaneously in provincial towns and jury empanelling as compared to a possible 10-12 before venues identifi ed. In Dublin, an agreement Covid-19. was entered into with Croke Park to hire space to accommodate an additional three Jury empanelling was more complicated. courtrooms in 2021. The normal procedure, to call a large group of potential jurors, empanelling them in the Strategic Priority 2020: courtroom or from jury assembly areas, Progressing the Modernisation could no longer be done safely. Instead, potential jurors were spread out across Programme multiple areas in small groups (12-13 people In mid-2019, the Board of the Courts Service socially distanced). Technology was then approved our ambitious Strategic Vision used to connect the trial courtrooms to the 2030 for the future of the Courts Service juror’s locations via video conferencing – a vision of a modern, transparent and equipment. In larger courthouses, it was accessible court system that is quicker, possible to continue jury empanelling easier to access and more effi cient. To by using spare courtroom capacity to deliver this vision, the Courts Service accommodate jurors, but this was not established the Modernisation Programme possible in every trial location. For the fi rst to oversee the transformation. time, outside venues were hired across the country to empanel juries and ensure that The programme sets out our plan to focus as many trials could proceed as possible. on re-designing services around court users, To expand capacity in Dublin, an agreement leveraging digital technology to streamline was made with the Honourable Society of services and processes and ultimately the King’s Inn to use their facilities to hold deliver an internationally recognised modern trials. court system.

A large room in Courts Service Headquarters was repurposed as a courtroom that could support safe social distancing.

Delivering excellent services to court users; working in partnership 2020 2030 30 | Courts Service Annual Report 2020

To progress the Modernisation Programme, A key challenge for the Courts Service is we developed a business case to support to sustain and embed those changes and our request for funding for the Programme improvements that are working well, into our and we successfully secured an additional future. We have not made these changes in €9 million as part of Budget 2021. This will isolation. We have benefi tted from working fund the commencement of six programmes closely with our partners across the justice of work under the Modernisation Programme system and we understand that collaborative which support the strategic objectives of working is key to achieving the court reform digital fi rst, user-centric service and new and digitisation that we envisage, and we ways of working. look forward to continuing to evolve this approach. The Modernisation Programme’s We also commenced work on a ‘Target road map will be reviewed and revised to Operating Model’. This involved refl ect and build on the changes and impact understanding how we currently work, how of the pandemic. our offi ces operate and how we interact with our customers. Based on this understanding, Innovation we have identifi ed the elements which In February 2020 the Courts Service was need to be re-designed to deliver improved invited to be one of three pilot organisations, services under the Modernisation to help develop an Innovation Strategy Programme. for the Irish Public Service. Working with the Department of Public Expenditure In 2020 we established a robust governance and Reform and partners Ernst & Young, programme led by a new Courts Service we, along with the other organisations Board Modernisation Committee, and helped design a strategy for adoption by an internal Modernisation Programme Public Sector organisations. This strategy Board. The Civil and Family Law reform aligns and complements the overall programmes will commence in quarter 1, national innovation vision whilst providing 2021. These key reform areas will be cross- autonomy, so that organisations can set jurisdictional and seek to simplify processes, priorities and goals that are realistic and deliver improved end-to-end customer refl ective of their needs. To support public experience, progress enabling legislation service organisations to design their own and rule changes, as well as strengthening strategy, we developed support tools such our key partner relationships. as a strategy framework and canvas and guidance document. To ensure that all elements required for successful reform implementation During 2020 the Change Programme are comprehensively addressed, the Offi ce supported the following projects: Courts Service recognised the need for a p The Probate Offi ce worked with Revenue Transformation Partner to provide expertise, on a new online version of the Inland resource augmentation, advice and support. Revenue Affi davit (Form CA.24), called the Following procurement in 2020, Deloitte “Statement of Affairs (Probate)” (Form SA.2). Ireland LLP were formally awarded this p High Court Orders search functionality contract and commenced work as partners for staff and registrars was improved to the Courts Service in quarter 1, 2021. substantially, through a system upgrade, which went live in December 2020. Covid-19 has had a modernising effect on the Courts Service and during 2020, as p Family Law Search on Courts Service described already, our operations have OnLine (CSOL) was also improved in shown how we have effectively piloted 2020. new and more digital ways of working. All p eLicensing (E-fi ling of Licensing were envisaged as part of Modernisation Applications Phase III) nationwide roll out Programme, but Covid-19 has effectively was completed during the summer of 2020. fast-tracked many initiatives. It allowed licensing applications to be made

Delivering excellent services to court users; working in partnership 2020 2030 The year in review | 31

online, and so further reduced unnecessary impressions. YouTube became an equally travel to courthouses. important platform hosting Courts Service p Criminal Justice Hub - Work commenced developed Covid-19 videos, to advise court on the electronic dissemination of Court users on attending Court safely during the Lists to the Irish Prison Service (IPS). pandemic. Pilot to start in 2021. Media Relations Service Criminal Justice Hub -Work commenced p With Government restrictions it was not on the electronic exchange of data always possible to allow as many members between An Garda Síochána and the of the public as may have liked to attend Court Service. Pilot due to start in 2021. at courtrooms during the year. The Media Relations Service provided a constant fl ow Communications and Media of information to the media throughout the Relations pandemic and also co-ordinated journalist The Courts Service is mandated to provide attendance at remote and virtual Courts, information on the courts system to the guaranteeing the public continued access to public. During the pandemic information Court reporting throughout 2020. provision and engagement with the Judiciary, our justice sector partners, Legal Research and Library practitioners and court users increased Services signifi cantly. The Legal Research and Library Services (LRLS) provides legal research and As communications formed an important part library services to support members of of the Courts Service Covid-19 response, the Judiciary. This support is provided by weekly meetings of the Senior Management approximately 90 members of staff. Team were quickly established to enable timely decision making. We set-up regular Operations during the Covid-19 meetings with our justice sector partners Pandemic to ensure a consistent fl ow of information The LRLS team has contributed signifi cantly and messaging. The Communications to the Courts Service’s priority of keeping the and Media Relations team worked closely Courts open and safe since the onset of the with the Covid-19 Response Management pandemic. Judicial Assistants and Research Team in taking a proactive and strategic Support Associates supported their judges approach to our crisis communications. by adapting to the virtual environment for Government announcements changing court hearings and working closely with the restrictive Covid-19 levels were followed, registrars to ensure the smooth running of within 24 hours, by joint Courts Service and each court hearing. The Courts Service has Judicial updates, confi rming any impact on provided uninterrupted research assistance the Courts. support, as well as working closely with court offi ces to support contingency plans to Our website, courts.ie, which was maintain service delivery and safe handling redeveloped in August 2020 to facilitate of hardcopy papers. our annual three-million-plus site visits responsively on all devices, became our Modernising in 2020 main channel for the 500 Covid-19 related The LRLS has contributed to the progression notices issued in 2020. We recognised the of the Modernisation Programme through its power of social media in disseminating work on several projects which have been information quickly, and increased our use initiated during the Covid-19 pandemic. of Twitter, Facebook and LinkedIn, posting Some of our key milestones include: regular updates, court sitting information and A new Bench Book policy was developed notices for court users. In 2020, we issued p in 2020 setting out the Courts Service’s 515 tweets, which had almost 1.66 million strategy for compiling Bench Books.

Delivering excellent services to court users; working in partnership 2020 2030 32 | Courts Service Annual Report 2020

p Preparations were made for the creation submission at year end for presentation and launch of a new Research Support in January 2021 and looks forward to Offi ce, consisting of fi ve Research participating constructively in the review Support Associates who work for all during 2021. members of the Judiciary. p A new and innovative project developing a Regional Projects search engine called the Knowledge Hub Portlaoise: In July 2020, the Courts was commenced in 2020. This platform Service completed the purchase of a site consists of a federated search engine and at Kylekiproe, Portlaoise which will be used will allow users to access both internal for the provision of a new courthouse in the and external knowledge simultaneously. town. p The Legal Research and Library Services Tralee: a number of options for the provision Committee was established in December of improved courthouse accommodation for 2020 and encompasses all areas within Tralee remain under consideration. the LRLS. The Committee provides judicial input and guidance regarding the Other locations: The Courts Service provision of legal research and library is continuing to look for suitable sites at services. Galway, Naas and Navan as a prerequisite p The provision of support for the Judiciary fi rst step in progressing regional city in relation to international and EU projects and county town projects in the National and networks. Development Plan. In this regard the Courts Service has already acquired sites Estate Strategy and Review at Wicklow and Roscommon and a move to Future ways of working are a key outcome temporary premises is planned to provide a of the recently developed Courts Service safe venue to enable works commence on Strategic Vision 2030. While disrupted by Roscommon Courthouse on the availability the need to respond to Covid-19, work of capital funding. on the development of a long-term estate strategy to complement and support the Condition Survey of Court buildings Modernisation Programme began in 2020 The Courts Service has been working and will be completed in 2021. This work will to create a preventative maintenance include a comprehensive review of all court programme for court buildings (other than venues nationally. those under Public Private Partnership arrangements). As a fi rst step, we sought The development and maintenance of to undertake a nationwide survey of court quality buildings with appropriate facilities buildings to establish their condition. for all court users is an important part of A specialist third party was engaged to the work of the Courts Service. Investment conduct a condition survey of 60 court in recent years has greatly enhanced buildings. courthouse facilities around the country, yet further investment is required to improve and Following a pilot phase of four representative replace courthouse infrastructure. buildings undertaken in early 2019, the main survey stage began in August 2019 and was Review of National Development Plan due to complete during Q2 2020. Covid-19 In late 2020, the Government announced a resulted in the temporary suspension of review of the National Development Plan. surveys between March and July 2020 and The review will consider the impact of has delayed project completion. At year Covid-19, Brexit and strengthen alignment end, 56 surveys were completed. The four with the National Planning Framework, remaining surveys will be completed as soon the latest Climate Action Plan and sectoral as possible in 2021. policies. The Courts Service fi nalised its

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Dublin Projects Courts PPP Bundle, which comprises of Implementing measures to ensure the safe courthouses in Cork, Limerick, Waterford, use of our buildings in response to Covid-19 Wexford, Letterkenny, Mullingar and required reprioritisation of planned activities Drogheda. Services in both projects were for most of the year. However, with an eye delivered to a high standard during 2020 and to the future and modernisation, the in compliance with Covid-19 public health following Dublin projects were progressed guidelines. All eight buildings remained in 2020: operational throughout the year and facilitating court business even during times Hammond Lane of heightened Covid-19 restrictions. The development of a modern, purpose- built Children and Family Law complex Sustainability & Energy on the Hammond Lane site adjacent to Management the Four Courts is the key Courts Service project under the National Development In late 2019, acknowledging the signifi cant Plan and remained a priority for the Courts challenges to reach public sector energy Service during 2020, with funding for the effi ciency targets for 2020 and beyond, the project agreed. The proposed development Courts Service established a dedicated will provide state of the art facilities for Sustainability Unit. The following Family Law matters and will allow for the workstreams were prioritised in 2020. replacement of the existing sub-standard Family Law facilities at Dolphin House, p Introduction of a structured energy Phoenix House and at Chancery Street management program with the key short- Courthouse. Initial work commenced in term goal of improving performance to 2020 on this project. The Hammond Lane 2020. project is being planned as part of a p Creation of a detailed energy-focused Justice Sector Public Private Partnership database for our large, geographically initiative. dispersed and disparate estate, ranging in size from the 23,000m2 Criminal Courts of Substantial repairs Justice in Dublin to single court venues of 2 p The fi nal phase of repairs to the roof of 200m and ranging in age from the Four the historic Chancery Street courthouse Courts constructed in 1785 to our newest began in August 2020 and are expected venue completed in 2018. By baselining to complete in early 2021. our estate, we can better understand energy use, detail energy performance p Repairs to the roof and chimneys of the historic Green Street courthouse began in indicators and highlight opportunities. late 2020 and were expected to complete p Compliance with public sector monitoring in early 2021. and reporting requirements. p The OPW also began assessing works p Detailed energy effi ciency focused required to the former Traffi c Court engagement with our external building in Smithfi eld Square which has stakeholders including the OPW, our been derelict for many years. Extensive Optimising Power at Work (OP@W) repairs to the roof and fabric of the advisor at 25 venues and the facility building are envisaged for 2021. managers at our eight public private partnership locations (representing 34% Management of Public Private of our total primary energy requirement). Partnership (PPP) Projects p Energy Audits were carried out at all The Courts Service currently has two public signifi cant and medium energy use private partnership projects which are in the venues, resulting in improvement works operational phase. These are the Criminal initiated for action or further investigation. Courts of Justice (CCJ) building and the

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Energy Data The Sustainability Unit received €500,000 In 2019 the Courts Service reported the funding as part of the July Stimulus following: package. This was assigned to three large capital projects (replacement of the boiler p Total energy expenditure €2,723,744. in Green Street, replacement of the chiller p Total energy consumption of 37,594,586 in Castlebar and an upgrade to the electric kWh. heaters in Galway) and to various systems and controls improvements across the p Carbon emissions of 6,965,674 kgCO2. estate. While several projects reached p Contribution from renewables < 0.1% completion before the Covid-19 restrictions (biomass boilers). of autumn 2020, many were on hold when p The Sustainable Energy Authority of further restrictions were enforced in late Ireland public sector annual report 2020 and early 2021. indicated the Courts Service was 18.8% more energy effi cient in 2019 than in Sustainability - Towards 2030 2009, a signifi cant improvement on 2018 The overriding goal for the Sustainability but with a large gap to close to reach Unit for the coming decade will be to 2020 targets. progress towards the public sector energy targets for 2030. The increase in ambition 2020 provisional results indicate a signifi cant and public sector targets beyond that set energy effi ciency improvement over 2019. out in the Climate Action Plan 2019 will be confi rmed with the upcoming publication Covid-19 and the use of energy of the Climate Action Plan 2021 (currently The initial onset of Covid-19 and the under consultation). Targets appear set to restrictions and lockdowns of spring and require public bodies to become twice as summer 2020 resulted in a reduction in energy effi cient as they were in 2009, to electricity use overall across the estate, generate half as much carbon as they did attributed to more staff and court users in 2018 and to upgrade all buildings to a working remotely, the closure of several Building Energy Rating (BER) of B by 2030. smaller venues and the move to the virtual space. However, the situation changed These targets represent a signifi cant considerably throughout the winter heating challenge for our estate, largely comprised season of 2020 into 2021. In line with Health of historic buildings, rich in architectural and Safety recommendations to limit the heritage and with specifi c conservation spread of Covid-19 indoors, ventilation requirements and fabric restrictions. Work in has been increased in courtrooms and the coming years will focus on a full estate offi ces - either naturally, via open windows gap to target analysis to identify building and doors, or mechanically, with increased upgrade and system decarbonisation reliance on Air Handling Units. Additional options and inform a multiyear energy spaces or courtrooms are also in use to action. facilitate social distancing, further adding heating and ventilation load. These changes People and the Organisation: have resulted in a substantial increase in the Human Resources thermal energy (gas, oil, LPG) consumed in most venues. Similar to operational and support offi ces across the organisation, our approach This is already refl ected in our energy to Human Resources (HR) needed to outturn for 2020. The impact on 2021 take on a compelling new role in 2020 to thermal energy is expected to be even more support the dual goals of keeping Courts notable as ventilation and resulting thermal and services open and safe, as well as energy are likely to be impacted in the winter progressing modernisation. This involved a months at both ends of the year. rethink of how we oversee our processes and systems, which support us in fostering

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and attracting talent, and how we coordinate In response to the pandemic, we provided communication and collaboration across weekly forums for managers across the the organisation. Our priorities as a service- country to discuss the challenges and issues orientated organisation in 2020 were to they were facing as a result of lockdowns, respond and adapt to new business and remote working, people management, and staff needs, to learn from the response concerns around health and safety. We efforts with a focus on recovery to emerge facilitated 40 of these ‘clinics’, which enabled stronger as an organisation. We continue managers to share experiences encouraging to review the lessons we have learned in reinvention and the re-prioritizing of the area of HR as we push forward with the business goals. modernisation agenda of the Courts Service. With the Courts Service Corporate Strategic Responding to Covid-19 and modernising Plan 2021- 2023 in mind, we continued to for the future invest in our staff so that we have the right Social distancing necessitated new work people in the right jobs. We started building practices and extra coordination with other towards our people and organisation operational areas, as offi ce spaces could not strategy which will create a diverse and accommodate all staff safely without running skilled organisation to help us play our the risk of potential virus transmission. At part in delivering on the modernisation no point was a court offi ce out of service agenda. We envisage a skilled, motivated because of a Covid-19 outbreak. New and sustainable workforce that will help structures were put in place to ensure that us deliver on our mission to support the services could be guaranteed, including: Judiciary and provide excellent services to all users of the Courts. In 2020, we held p Splitting staff into two or more teams. external competitions to hire a new Health & p Teams working in different areas of Safety Manager, a Head of Communications, courthouses if possible. a Head of Court Funds and a Head of Finance. Internally, we promoted staff to p Home working when possible. Higher Executive Offi cer, Assistant Principal p At all times, offi ces retained the necessary and Principal Offi cer level. staffi ng in courthouses to ensure that Courts would run and essential services In 2020 we introduced our Health & were provided to court users. Wellbeing Plan 2021 - 2023 and our post pandemic recovery plan which builds on existing Health and Safety and Positive Working Environment programmes. Our focus on wellbeing includes supporting staff and managers as they work under new restrictions, either in the offi ce or independently. HR plays a vital “ We continue to push for better connection, role in creating work/ life balance, opportunities to network online, and created many different career a healthier, development opportunities. We know that engaged, resilient HR plays a vital role in creating a healthier, engaged, resilient and productive workforce. and productive Refl ecting on 2020 and the lessons we have workforce. learned in the pandemic we are focused on nurturing a culture which supports the new ways of working and the physical and

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mental wellbeing of our staff. We continue to Responding to Covid-19 and modernising engage with employees who are navigating The uncertain environment of 2020 made a new blended approach to learning and to it challenging to provide access to vital apply our data and knowledge to prepare us learning and development activities. We for the future. responded in a fl exible and agile way with targeted support to colleagues charged with People and the Organisation: maintaining delivery of frontline services and Learning and Development access to justice. Our Learning and Development unit This was achieved by accelerating worked to support staff throughout the the design and delivery of E-learning crisis in 2020 as well as aiming to support training modules and the move to ‘virtual our Modernisation Programme. We classrooms’ for training delivery. Colleagues renewed our commitment to invest in our in the Learning and Development Unit people, to ensure that they have the skills upskilled in the areas of E-learning design and capabilities to perform at the high and development, to collaborate with subject level required to deliver modernisation matter experts in the organisation to produce and to carry out new and different ways priority programmes. of doing things. In order to deliver on that commitment, a new Learning and Support for the delivery of frontline services Development strategy was developed and was provided by the provision of online completed in 2020. programmes in a number of areas, such as; p Circuit and District Court Registrar The objectives of the Learning and induction Development strategy are to; p Family Law – Domestic Violence orders 1. Develop a comprehensive learning and modules development programme that identifi es a p Training for registrars on the technology blend of approaches to developing staff which facilitated the delivery of ‘remote’ capabilities needed for the Modernisation Courts Programme. p Covid-19 safety induction (which was 2. Support staff to acquire the technical mandatory for all staff in the organisation and legal skills and knowledge to deliver before coming to our workplaces, with current ‘business-as-usual’ services. 918 staff completing same) Whilst we are preparing the foundations for delivery of the Modernisation Many of the programmes in the areas Programme, we need to continue to of management, leadership and career deliver our current services and must development continued in 2020, with the ensure that we are continuing to support delivery of: staff in doing so. 3. Deliver a modular development p Our Quality Qualifi cations Ireland curriculum, which supports staff in accredited Management Development carrying out their current roles and Academy (Level 6 qualifi cations), in taking the next step in career p New to Grade programmes, progression. p Coaching skills training for managers, p Online induction modules for new These objectives have and will guide entrants, and our approach to delivery of Learning and Development to colleagues across the p A ‘managing in the current environment organisation. programme’, aimed at equipping managers to support staff who may be partially or fully working remotely, due to the public health guidelines.

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A comprehensive suite of targeted programmes was also provided to our Change Programme Offi ce, to support their ability to deliver many of the new projects 1,300 training under our Modernisation Programme. “ days provided to Additionally, to support the programme we developed: staff in 2020 p A multi- modular ‘developing your career pathway’ programme which will support participants to develop their career development plan. innovation, coaching, organisation behaviour, ICT, and human resources, p A ‘trauma informed’ programme pilot, aimed at raising staff awareness of increasing our level of expertise in these the needs of some court users, and fi elds. increasing the quality of our interactions with those users. The delivery of 1,300 training days in 2020, despite the challenges of the global Access to the Civil Service ‘Refund of pandemic, demonstrates our commitment to Fees’ scheme was maintained in 2020, support the development of our people, and with staff supported to obtain qualifi cations their commitment to engage in development, in a range of areas, including, legal, during possibly the most challenging time public management, leadership, strategy, many of us have faced in our work lives.

Learning and Development in Numbers: p There was a 200% increase in courses p Our Virtual Classroom delivered courses available to staff online in 2020 up to 24, to over 140 learners. from eight the previous year. p A signiﬁ cant investment of € 128,844 p Online courses virtually eliminated the in third level qualiﬁ cation courses was costs of Travel and Subsistence to attend made via the Refund of Fees Scheme courses. It dropped from €97,000 in 2019 in 2020, a 47% increase from €87,274 to €2,500 in 2020. in 2019.

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Chapter 3

The year in numbers

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Overview Civil Business By Jurisdiction Incoming Resolved 2020 2019 2020 2019 District Court 93,719 144,485 67,784 111,518 Circuit Court 38,535 50,723 17,121 35,590 High Court 29,811 36,701 12,784 28,117 Court of Appeal 733 685 476 491 Supreme Court 182 364 223 392 Total 162,980 232,958 98,388 176,108

Civil Business By Type Incoming Resolved 2020 2019 2020 2019 Civil and commercial litigious cases 132,705 135,208 68,301 85,193 Civil and commercial non-litigious 43,055 86,209 28,198 79,717 cases Non-litigious enforcement cases 3,459 7,531 3,503 7,400 Appeals 1,403 2,685 1,468 2,498 Cases Stated 60 33 15 8 Other* n/a 1,292 n/a 1,292 Total 180,682 232,958 101,485 176,108

* in previous years “other” consisted of Taxation of Costs which has now been replaced by the Ofﬁ ce of the Legal Cost Adjudicators who produce their own Annual Report

Criminal Offences And Appeals Incoming* Resolved* By Jurisdiction 2020 2019 2020 2019 District Court 382,455 406,480 194,796 301,506 Circuit Court 29,074 34,616 27,788 68,069 Special Criminal Court 136 70 31 90 Central Criminal Court 2,911 1,982 1,433 1,125 Court of Appeal 1,405 1,440 1,719 1,003 Supreme Court 11 10 9 12 Total 415,992 444,598 225,776 371,805

*by offence

Criminal offences and appeals Incoming* Resolved* total 2020 2019 2020 2019 Offences 403,777 425,019 211,612 320,444 Appeals 12,248 19,610 13,327 51,398 Total 416,025 444,629 227,939 371,842

*orders made in respect of offences

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Civil Business Civil Business Is Categorised By Case Type:

1. Civil And Commercial Litigious Cases Comprise Cases Where One Party Is Suing Another; European Payment Order Applications; Corporate Insolvency Cases; Personal Insolvency Cases (Concerning Applications By Creditors); Appeals To The District Court And Litigious Enforcement Matters.

2. Civil And Commercial Non-Litigious Cases Comprise Proceedings Issued In Ireland That Are Not Inter-Partes (Including Probate, Wards Of Court And Personal Insolvency Cases Concerning Applications By Debtors In Person); And Certain Foreign Proceedings.

3. Non-Litigious Enforcement Cases Comprise Proceedings By Creditors Following Judgment To Procure Payment Of Debts Due.

4. Appeals Comprise Civil And Family Law Appeals From The District Court To The Circuit Court; From The Circuit Court To The High Court; And From The High Court To The Court Of Appeal. They Also Include Applications For Leave To Appeal And Appeals To The Supreme Court.

5. Cases Stated Are Instances Where A Court Asks For An Opinion On A Point Of Law From A Higher Court.

Civil statistics are presented by reference to cases/matters received and cases/matters resolved during the year. The majority of civil cases initiated in Ireland do not proceed to trial. Typically, they are either settled between the parties (with or without a court approving a settlement), are formally discontinued (involving notiﬁ cation to the defendant and the court), or are not pursued further by the plaintiff (without the plaintiff notifying the court). It is therefore not possible to provide ﬁ gures for pending caseloads in most courts. Cases referred to as ‘resolved’ may include cases commenced in years other than 2019 or 2020.

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1. Civil And Commercial Litigious Cases

Civil Business By Jurisdiction Incoming Resolved 2020 2019 2020 2019 (a) Cases where one party is suing 109,280 135,208 68,301 85,193 another (b) European Payment Order 51 96 23 35 applications (c) Corporate insolvency 110 129 149 136 (d) Personal insolvency (creditors) 51 183 36 120 (e) Appeals to District Court 55 103 38 61 (f) Litigious enforcement 1,240 1,954 1,240 1,954 Total 110,787 137,673 69,787 87,499

A. Cases where one party is suing another: General 1. Personal injury (including medical negligence)

A person may pursue a claim for damages for personal injuries through the courts upon receipt of an authorisation from the Personal Injuries Assessment Board (PIAB). This is a legal document issued in the absence of consent from the person responsible for the injury (the respondent) to the assessment of the claim by the PIAB or the rejection by either party of a PIAB assessment. PIAB does not deal with medical negligence claims. Settlements in personal injury cases involving persons under 18 years (infant rulings) must be brought before the relevant court for approval prior to being accepted.

Because of Covid-19 related restrictions, in person hearings could not be scheduled which had a detrimental effect on the numbers of matters which could be resolved.

There were 17,810 personal injury suits ﬁ led in 2020 a decrease of 19% on the 21,981 in 2019- 6,682 in the High Court, a 16% decrease on the 7,987 in 2019, 10,083 in the Circuit Court a 22% decrease on the 10,083 in 2019 and 1,045 in the District Court a 6% decrease on the 1,116 in 2019.

Personal Injury Incoming Resolved 2020 2019 2020 2019 By Court* Out of By Court* Out of court court High Court 6,682 7,987 2,556 0 4596 0 Circuit Court 10,083 12,878 5,052 535 7,429 526 District Court 1,045 1,116 491 0 613 0 Total 17,810 21,981 8,109 535 12,638 526 * Cases dealt with by the court include all cases assigned to a judge. The majority of these cases are dealt with without a substantive court hearing.

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The District Court has power to award up to €15,000 in damages in personal injuries cases and the Circuit Court has power to award up to €60,000, though both courts can make higher awards with the consent of the parties. The High Court has unlimited power to award damages.

Personal Injury Personal Injury District Court Circuit Court Awards: Awards: Amount Cases Amount Cases 2020 2019 2020 2019 €0 to €7,500 267 200 €0 to €15,000 458 474 €7,500 to 230 191 €15,000 to 650 909 €15,000 €60,000 €15,000+ 5 4 €60,000+ 34 7 Total 502 395 Total 1,142 1,390

Personal Injury High Court Awards: Amount Cases* 2020 2019 €0 to €60,000 102 149 €60,000 to 130 141 €199,999 €200,000 to 44 33 €499,999 €500,000+ 52 51 Total 328 374 * includes medical negligence awards

High Court Circuit Court District Court Amounts 2020 2019 2020 2019 2020 2019 awarded* Lowest €7,500 €5,000 €1,405.00 €830.00 €500 €425 amount Highest €22,500,000 €25,000,000 €75,000.00 €75,000.00 €20,000 €17,950 amount Total €222,130,172 €230,978,876 €20,162,907 €25,920,902 €3,809,294 €3,126,296 amount * includes medical negligence awards

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Medical Negligence Awards: High Court Amount Cases 2020 2019 €0 to €60,000 26 25 €60,000 to €199,999 22 10 €200,000 to €499,999 20 12 €500,000+ 38 31 Total 106 78

Medical Negligence Awards: High Court Amount Cases 2020 2019 Lowest amount awarded €24,008 €17,500 Highest amount awarded €22,500,000 €25,000,000 Total amount awarded €183,128,023 €161,226,407

2. Negligence (excluding medical negligence causing personal injury)

Negligence claims are claims for damages against a person or persons against whom it is alleged breached a duty of care owed to the claimant resulting in pecuniary loss.

In 2020, there was a 10% decrease in Incoming Matters and a 61% decrease in matters resolved by court/out of court. This may be linked to the curtailment of in-person hearings as a result of the pandemic restrictions.

Negligence Incoming Resolved 2020 2019 2020 2019 By court Out of By court Out of court court High Court 210 234 10 23 34 51

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3. Commercial

Commercial proceedings are deﬁ ned in Rule 1 of Order 63A of the Rules of the Superior Courts. In short, they include claims in contract or tort arising out of business transactions where the value of the claim is not less than €1 million, intellectual property cases (including passing off), certain types of arbitration claims and appeals from, or judicial review applications in respect of , any statutory body where the judge in charge of the list considers that, having regard to the commercial or any other aspect of such an application it is one appropriate for entry into the commercial list. Entry into the commercial list is not mandatory for any case types. Cases are only admitted to the list if one of the parties makes an application and the judge admits the case. They are not automatically admitted to the commercial list because of the relief sought and can be prosecuted in the chancery or in the non-jury lists if the parties so wish. It was interesting to note that 2020 saw a 7% increase in Incoming Commercial Court Matters and a 40% increase in matters resolved by court/out of court.

Commercial Incoming Resolved 2020 2019 2020 2019 By court Out of By court Out of court court High Court 185 172 63 70 64 31

Analysis of 2020 2019 2018 2017 2016 Caseload On hand 01/01 437 360 315 245 203 Incoming 185 172 161 193 157 Resolved 133 95 116 123 115 On hand 31/12 489 437 360 315 245

Analysis Of Cases 2020 2019 2018 2017 2016 Resolved Motion to dismiss 0 4 2 6 5 Settled after entry 32 10 7 9 7 Settled after 13 10 18 10 21 directions hearing Settled after hearing 15 11 12 15 12 date set Settled at hearing 10 14 19 11 12 Full hearing 51 44 58 72 58 Other 12 2 0 0 0 Total 133 95 116 123 115

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4. Chancery

Chancery matters are dealt with in the High Court. They include injunction applications, company law motions, speciﬁ c performance/rescission of contracts, administration of estates of deceased persons and trust actions. 2020 saw a 4.6% decrease in Incoming Chancery Matters and a 12% decrease in matters resolved by court/out of court.

Chancery Incoming Resolved 2020 2019 2020 2019 By court Out of By court Out of court court High Court 1,552 1,624 152 173 155 216

Analysis Of 2020 2019 2018 2017 2016 Incoming Cases Speciﬁ c 125 145 144 133 168 performance Injunction 212 247 314 405 337 Declaration 663 633 792 1,066 898 European 2 3 10 0 3 Communities (Cross Border mergers) Regulations, 2008* Other 550 596 646 665 696 Total 1,552 1,624 1,906 2,269 2,102

* S.I. No. 157 of 2008

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5. Property

Property (possession) cases are cases in which the plaintiff is seeking possession of lands and/or premises including family homes. Other property cases include ‘mortgage suits’ (cases where the creditor has a mortgage on the property in which the defendant has an interest but does not have power to sell that property unless the court declares the mortgage well-charged on the debtor’s interest), applications for ejectment, applications under Landlord & Tenant legislation, applications involving the Private Residential Tenancies Board and ground rent matters.

In the High Court in 2020 there was a 48% decrease in Incoming Matters and an 80% decrease in matters resolved by court/out of court linked to the temporary ban on evictions and rent increases introduced for the duration of the Coronavirus crisis. In the Circuit Court there was a 76% decrease in incoming cases.

Property Incoming Resolved (Possession) 2020 2019 2020 2019 By court Out of By court Out of court court High Court 55 105 19 3 95 11 Circuit Court 272 1,112 480 0 1,345 0 Total 327 1,217 499 3 1,440 11

Property Orders Granted Orders Not Granted (Possession) 2020 2019 2020 2019 Circuit Court 125 443 335 902

Property Incoming Resolved (Other) 2020 2019 2020 2019 By court Out of By court Out of court court High Court 33 63 4 0 29 1 Circuit Court 152 231 454 193 640 144 District Court 71 87 115 0 106 0 Total 256 381 573 193 804 145

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6. Breach of contract

Where a party refuses or fails to fulﬁ l an obligation imposed by a contract, the injured party can bring an action for damages. In this context, breach of contract cases do not include claims for liquidated damages (see section 7 below) In 2020, there was a 48% decrease in Incoming matters and a 80% decrease in matters resolved by court/out of court which may be linked to the temporary ban on evictions and rent increases introduced for the duration of the Covid-19 pandemic.

High Court Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 231 285 13 17 31 69

7. Recovery of debt (liquidated claims)

Actions to recover debt are generally taken by fi nancial institutions seeking to recover specifi ed amounts of money, often in respect of loans. High Court: In 2020, there was a 67% decrease in Incoming Matters and a 52% decrease in matters resolved by court/out of court are primarily due to the effects of temporary payment breaks by fi nancial institutions.

Incoming Resolved

2020 2019 2020 2019 By Out Out By Out Out court of of court of of court court court court 1 2 1 2 High Court 585 1,744 585 23 58 522 307 552 Circuit Court 1,638 3,130 177 192 751 250 203 1,632 District Court 13,890 23,759 857 0 4,237 1,322 0 10,008 Total 16,113 28,633 1,619 215 5,046 2,094 510 12,192

1 Discontinuance

2 Judgments marked in the ofﬁ ce – these ﬁ gures are also on page 73 as part of the civil and commercial non-litigious statistics.

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8. Defamation

Defamation is deﬁ ned by the Defamation Act 2009 as the “publication, by any means, of a defamatory statement concerning a person to one or more than one person (other than the ﬁ rst-mentioned person)”. High Court: 2020 saw a 10% decrease in Incoming Defamation Matters and a 46% decrease in matters resolved by court/out of court. Circuit Court: There was a 6% increase in Defamation cases in the Circuit Court.

Incoming Resolved 2020 2019 2020 2019 By court Out of By court Out of court court High Court 156 157 16 9 12 34 Circuit Court 161 151 2 8 37 3 Total 317 308 18 17 49 37

9. Assault

Assault claims are claims for damages against a person or persons against whom it is alleged intentionally attempted or threatened to inﬂ ict injury that placed the claimant in fear of imminent bodily harm or brought about an unconsented harmful or offensive contact with the claimant. 2020 saw an 84% increase in Incoming Assault Matters and a 48% decrease in matters resolved by court/out of court, possibly as a result of the pandemic restrictions.

Incoming Resolved 2020 2019 2020 2019 By court Out of By court Out of court court High Court 164 89 10 5 18 11

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The year in numbers | 49

10. Employment

Employment cases include those relating to the enforcement of and appeals relating to decisions of the employment tribunals brought under legislative provisions relating to matters such as unfair dismissal, payment of wages, adoption leave, parental leave and organisation of working time.

Employment Incoming Resolved (Dismissal) 2020 2019 2020 2019 By court Out of By court Out of court court High Court 3 7 2 4 1 0 Circuit Court 2 6 7 0 20 1 Total 5 13 9 4 21 1

Employment Incoming Resolved (Other) 2020 2019 2020 2019 By court Out of By court Out of court court High Court 1 5 4 0 5 2 Circuit Court 15 108 9 1 20 1 Total 16 113 13 1 25 3

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50 | Courts Service Annual Report 2020

11. Small claims

The Small Claims procedure provides an inexpensive way for consumers to resolve consumer complaints and business to make claims against other businesses, without the need to employ a solicitor. To make a claim under the Irish Small Claims procedure both the claimant and the respondent must be living or based within the State and the claim cannot exceed €2,000. Claims can be made on-line or lodged in person in the court ofﬁ ce. The European Small Claims Procedure, provided for in Regulation (EC) No. 861/2007 and the District Court Rules 1997-2014, is an alternative method of commencing and dealing with civil and commercial matters in respect of a small claim in cross-border cases. These are cases where at least one of the parties lives in a Member State of the European Union (excluding Denmark) other than the Member State of the court dealing with the claim. The claim cannot exceed €2,000. Claims cannot be made online. There was a 23% decrease in 2020 in Small Claims.

Small Claims: Ireland* And EU: District Court Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 3,557 4,627 385 2,322** 666 3,069 * claims include those made online ** includes applications deemed to fall outside the scope of the rules for small claims.

Analysis Of Cases Dealt With 2020 2019 Ireland EU Ireland EU Not proceeded with 202 43 178 93 Decrees by default 205 28 188 33 Settled by registrar 626 39 630 75 Referred to court 1,029 206 985 573 Total 2,062 316 1981 774

Adjudicated By The Court 2020 2019 Ireland EU Ireland EU Decrees granted 145 17 238 31 Cases dismissed 46 49 67 141 Withdrawn/struck out 123 5 181 8 Total 314 71 486 180

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The year in numbers | 51

12. Proceeds of crime

The Proceeds of Crime Act 1996 provides for the civil forfeiture of property which is the proceeds of crime. Applications to the High Court under the Act are usually made by the Chief Bureau Offi cer of the Criminal Assets Bureau. If the court is satisfi ed, on the balance of probabilities, that a person is in possession or control of property which is or represents the proceeds of crime, it may order the freezing of the property and, after seven years, its disposal for the benefi t of the Exchequer. There was a 100% increase in matters resolved by the Court under Section 7 fi nal orders with Incoming matters remaining almost the same in 2020.

High Court: Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 35 36 32 0 16 0

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52 | Courts Service Annual Report 2020

13. Judicial review

Judicial review applications are made when a person seeks an order in respect of the actions or decisions of certain courts, tribunal or regulatory bodies. Applications in asylum related cases generally seek an order quashing the decision of a body such as the Refugee Appeals Tribunal, or an injunction restraining the Minister for Justice from deporting them. In 2020, there was a 4% decrease in Incoming Judicial Review Matters and a 6.5% increase in matters resolved by court/out of court.

Judicial Review (Asylum Related): High Court Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 355 368 179 244 262 135

Judicial Review (Other): High Court Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 558 485 180 33 220 88

Judicial Review: High Court (Asylum Related) (Other) 2020 2019 2020 2019 Incoming 355 368 558 485 Orders made: Liberty to apply for judicial review granted 378 325 251 143 Liberty to apply for judicial review refused 1 1 16 6 Interim orders 38 43 243 121 Final orders – relief granted 31 44 116 45 Final orders – relief refused 31 97 39 39 Final orders – miscellaneous 117 107 25 83 Final orders – struck out (no order) 244 135 33 88 Total 840 752 723 525

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The year in numbers | 53

14. Regulation of professions

The High Court deals with cases relating to the conﬁ rmation of and appeals relating to, sanctions imposed by bodies regulated by statute affecting the ability of a registered professional to practice. 2020 saw a 32% decrease in Incoming Matters and a 31% decrease in matters resolved by the court

High Court: Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 117 173 112 0 163 0 15. Garda compensation

Members of An Garda Síochána who sustain injuries maliciously inﬂ icted upon them in the performance of their duties or acting in their general capacity as a member of the force are entitled to apply to the High Court for compensation. Off duty members assaulted by virtue of them being a member of the force may also apply for compensation. 2020 saw a 22% decrease in Incoming Garda Compensation Matters and a 49% decrease in matters resolved by court/out of court.

High Court: Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 117 151 44 0 86 0 16. Habeas Corpus

Persons who believe they are being detained or held unlawfully, may apply to the High Court for an order of habeas corpus under the Habeas Corpus Act 1782. This requires the person or institution detaining them to either produce the body of the person detained before the court or release that person from such detention. The expression ‘order of habeas corpus’ does not include an order made pursuant to Article 40.4 of the Constitution. In some instances, applications are issued and do not proceed. In others, the matter is resolved without recourse to the court following the making of an interim order. In 2020, there was a 29% decrease in incoming Habeus Corpus Matters and a 36% decrease in matters resolved by the Court. In both instances, this may be as a result of less enforcement activities across society.

Habeas Corpus: High Court Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 52 73 29 1 46 1

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54 | Courts Service Annual Report 2020

17. European Arrest Warrants

The High Court is responsible for the execution of European Arrest Warrants received by Ireland. A European Arrest Warrant, valid throughout the EU, may be issued by a national judicial authority if the person whose return is sought is accused of an offence for which the maximum penalty is at least a year in prison or if he or she has been sentenced to a prison term of at least four months. Likewise, the Director of Public Prosecutions may apply to the High Court for the issue of a European Arrest Warrant where a person in another member state is facing charges or is required to serve a sentence in Ireland. There was a 4% increase in Incoming Matters and a 43% decrease in matters resolved by court/out of court as European countries had closed borders and there was reduced public movement.

High Court Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 416 399 85 0 148 0

13. Bail

Most bail applications are made, in the fi rst instance, to the District Court. An exception relates to a person charged with murder – he/she can only apply to the High Court for bail. A person refused bail in the District Court may apply to the High Court for bail and a person granted bail in the District Court may apply to the High Court to vary the conditions of the bail. This was an area where there was a very signifi cant increase in activity, with a 37% increase in applications for High Court Bail and a 44% increase in matters resolved by court/out of court. An additional Court sat for some months in 2020 with the Court sitting fi ve days a week as opposed to three days a week. There was a greater number of applicants re-applying for bail as their trials were not getting on.

High Court Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 1,898 1,390 1,829 5 1,270 0

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The year in numbers | 55

19. Other

Incoming Resolved By court Out of court High Court 816 421 75 Circuit Court* 3,095 1,150 418 District Court** 2,538 1,604 0 Total 6,449 3,175 493

* includes equity, testamentary, succession law, Data Protection Act ** includes control of dogs, food safety, breach of contract, breach of duty, Environmental Protection Act applications relating to noise and negligence

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56 | Courts Service Annual Report 2020

A. Cases where one party is suing another: Family Law The High Court and the Circuit Court have concurrent jurisdiction in family law matters. However, the majority of judicial separation, divorce and nullity applications are made to the Circuit Court. There is a right of appeal from the Circuit Court to the High Court.

1. Divorce

A decree of divorce dissolves a marriage and allows each party to remarry. Before a court can grant a divorce, the parties must have been married and living apart for a period amounting to four out of the previous ﬁ ve years before the application is made; there must be no reasonable prospect of reconciliation; and proper arrangements must have been made or will be made for the spouse and any dependent members of the family.

There was a 29% increase in the number of applications for divorce in 2020 – 5,266 as compared to 4,073 in 2019 and 3,888 in 2018. There were 46 applications in the High Court, a 100% increase on the 23 in 2020 and 5,220 in the Circuit Court a 29 % increase on the 4,050 in 2020 - the majority were by wives in the High Court (84%) and wives in the Circuit Court (75%). There were 3,164 divorce orders made – 23 in the High Court and 3,141 in the Circuit Court.

Divorce Incoming Resolved 2020 2019 2020 2019 By court Out of By court Out of Court Court High Court 46 23 26 16 39 0 Circuit Court 5,220 4,050 3,141 0 3,534 0 Total 5,266 4,073 3,167 16 3,573 0

Trends: Divorce: Applicants Year Wife Husband High Court Circuit High Court Circuit Court Court 2020 21 2,980 25 2,240 2019 15 2,252 8 1,798 2018 8 2,155 16 1,709 2017 14 2,219 17 1,745 2016 10 2,374 7 1,788 2015 14 2,333 10 1,957

Divorce: 2020 2019 Granted Refused Other Granted Refused Other High Court 23 0 19 11 0 28 Circuit Court 3,141 0 0 3,534 0 0 Total 3,164 0 19 3,545 0 28

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The year in numbers | 57

2. Judicial separation

A decree of judicial separation removes the obligation on spouses to co-habit. The most common ground on which a decree is granted is where the court considers that a normal marital relationship has not existed between the spouses for at least one year before the date of the application for the decree.

There were 636 applications for judicial separation in 2020 – a 48% decrease on the 1,229 in 2019. There was 19 in the High Court and 617 in the Circuit Court – a 49% decrease on the 1,229 applications in 2019. The majority of applications in both jurisdictions (53% in High Court, 70% in Circuit Court) were by wives. There were 271 orders made granting judicial separations – 3 in the High Court and 268 in the Circuit Court with two applications refused.

Judicial Incoming Resolved Separation 2020 2019 2020 2019 By court Out of By court Out of court court High Court 19 23 15 7 34 2 Circuit Court 617 1,206 273 0 706 0 Total 636 1,229 288 7 740 2

Judicial 2020 2019 Separation Granted Refused Other Granted Refused Other High Court 3 0 19 11 0 25 Circuit Court 268 5 0 704 2 0 Total 271 5 19 715 2 25

Trends: Judicial Separation: Applicants Year High Court Circuit High Court Circuit Court Court 2020 10 429 9 188 2019 18 848 5 358 2018 25 861 6 377 2017 18 889 5 382 2016 24 971 5 353 2015 32 977 3 407

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58 | Courts Service Annual Report 2020

3. Dissolution of partnership

The Courts can dissolve civil partnerships in a similar way to the granting of divorce. A decree of dissolution allows both parties to a civil partnership to marry.

There were 60 applications to dissolve partnerships in the Circuit Court in 2020 – a 9% decrease on the 66 applications in 2019. The majority of applications (55%) were by females. There were 12 orders made dissolving partnerships with zero applications refused.

Dissolution Of Incoming Resolved Partnership 2020 2019 2020 2019 High Court 0 0 0 0 0 0 Circuit Court 60 66 12 0 38 0 Total 60 66 12 0 38 0

Dissolution Of 2020 2019 Partnership Granted Refused Other Granted Refused Other High Court 0 0 0 0 0 0 Circuit Court 12 0 0 36 2 0 Total 12 0 0 36 2 0

Dissolution Of Partnership: Applicants Female Male 2020 2019 2020 2019 High Court 0 0 0 0 Circuit Court 33 40 27 26 Total 33 40 27 26

4. Cohabitation

These are claims made under the Civil Partnership and Certain Rights and Obligations Of Cohabitants Act 2010 in respect of claimants who are living together in an intimate and committed relationship, not married to each other, not in a registered civil partnership and not related to each other.

High Court Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 9 8 5 0 5 0

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The year in numbers | 59

5. Nullity

Nullity of marriage (civil nullity or civil annulment) is a legal declaration by the court which states that although two people went through a marriage ceremony, their marriage never actually existed in the eyes of the law or the State. There are two types of marriages that may be annulled or cancelled - void marriages and voidable marriages. A void marriage is considered to have never taken place. A voidable marriage is considered to be a valid marriage until a decree of annulment is made. Nullity of civil partnership is a declaration by a court that a supposed civil partnership is null, and void and that no valid civil partnership exists between the partners. In nullity of civil partnership law, there are only void civil partnerships. There were ten applications for Nullity (of Marriage) in the Circuit Court a 63% decrease on the 27 in 2019.

Nullity (Of Incoming Resolved Marriage) 2020 2019 2020 2019 By court Out of By court Out of Court Court High Court 0 2 1 0 1 0 Circuit Court 10 27 5 0 10 0 Total 10 29 6 0 11 0

Nullity (Of 2020 2019 Marriage) Granted Refused Other Granted Refused Other High Court 1 0 0 1 0 0 Circuit Court 3 2 0 10 0 0 Total 4 2 0 11 0 0

Trends: Nullity: Applicants Year Wife Husband High Court Circuit Court High Court Circuit Court 2020 0 8 0 2 2019 0 13 2 14 2018 0 14 0 6 2017 0 13 1 10 2016 1 17 0 15 2015 1 12 1 21

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60 | Courts Service Annual Report 2020

6. Guardianship, custody, access

Guardianship means the rights and duties of parents in respect of the upbringing of their children. Custody is the right of a parent to exercise physical care and control in respect of the upbringing of his or her child on a day-to-day basis. Access is contact between a child and its parent or other relative with whom the child does not live. The majority of applications in all three areas are made to the District Court. There were 8,747 applications in 2020, a 30% decrease on the 12,582 in 2020.

Guardianship, Custody, Access: District Court Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 8,747 12,582 7,336 0 10,822 0

Dissolution Of Partnership: Applicants Female Male 2020 2019 2020 2019 High Court 0 0 0 0 Circuit Court 33 40 27 26

Custody And Access: Circuit Court – Outcomes Maintenance Dissolution Divorce 2020 2019 2018 2017 2016 2020 2019 2018 2017 2016 2020 2019 2018 2017 2016 Orders 162 412 447 447 348 5 6 14 4 4 920 1,058 869 976 757 made

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The year in numbers | 61

7. Maintenance

Maintenance is ﬁ nancial support (money) paid by a person for the beneﬁ t of a dependent spouse/civil partner and/or dependent children. Spouses/civil partners are required to maintain each other according to their means and needs. Parents, whether married or not, are responsible for the maintenance of their dependent children. If the parties cannot reach an agreement about maintenance an application can be made to the court for a maintenance order. The majority of applications for maintenance are made to the District Court. Applications for maintenance in the Circuit Court as usually made as part of applications for judicial separation and/or divorce. There were 5,055 applications in the District Court, a 40% decrease on the 8,383 in 2019.

Judicial Incoming Resolved Separation 2020 2019 2020 2019 By court Out of By court Out of court court High Court 1 1 1 0 0 0 District Court * 5,055** 8,383 3,926 0 6,520 0

* excludes foreign maintenance – see Page 81

** includes applications subsequent to initial application including applications to vary and applications to recover arrears

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62 | Courts Service Annual Report 2020

8. Domestic violence

Domestic violence legislation protects spouses/civil partners and children and offers legal remedies to dependent persons and persons in other domestic relationships where their safety or welfare is at risk because of the conduct of the other person in the relationship. It also gives An Garda Síochána powers to arrest without warrant where there is a breach of a court order. Safety order A safety order prohibits the person against whom the order is made (the respondent) from engaging in violence or threats of violence. It does not oblige that person to leave the family home. If the person does not normally live in the family home, it prohibits them from watching or being in the vicinity of where the person applying for the order (the applicant) and dependent children lives. A safety order can be made for up to fi ve years. Barring order A barring order requires the respondent to leave the family home and stay away from the family home of the applicant and/or dependent children. It may also include terms prohibiting the respondent from using or threatening to use violence. A barring order can be made for up to three years. Once a summons has been issued for a safety order or a barring order the applicant can apply for a protection order or an interim barring order while waiting for the application to be heard in court. Protection order This is a temporary safety order. It gives protection to the applicant until the court decides on a safety or barring order application. It is intended to last until the case is heard and a decision made. It does not oblige the respondent to leave the family home. Interim barring order This is a temporary barring order. It is intended to last until the barring order application is heard in court and a decision made. Under the Domestic Violence Act, 2002 a full court hearing must take place within eight working days of the granting of an interim barring order. The Court must be of the opinion that there are reasonable grounds for believing there is an immediate risk of signifi cant harm to the applicant or any dependent person if the order is not made immediately and the granting of a protection order would not be suffi cient to protect the applicant or any dependent person.

Applications to the District Court under the domestic violence legislation increased by 12% to 22,970 from 20,501 in 2019. There was an 10% increase in applications for safety orders (8,887 as compared to 8,061 in 2019) and a 8% increase in applications for protection orders (7,649 as compared to 7,049 in 2019). Applications for interim barring orders increased by 17% (1,918 as compared to 1,643 in 2019) while applications for barring orders increased by 8% (3,577 as compared to 3,323 in 2019).

Domestic Violence: District Court Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 22,970 20,501 19,383 0 16,841 0

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The year in numbers | 63

Domestic Violence: Circuit Court - Outcomes 2020 2019 2018 2017 2016 Orders Made 38 38 59 51 40

District Court: Domestic Violence - Trends* 2020 2019 2018 2017 2016 2015 2014 2013 Barring order 3,577 3,323 3,343 2,613 2,658 2,638 2,671 2,738 applications Barring 1,159 1,137 946 822 1,329 859 877 1,167 orders granted Protection 7,649 7,049 6,390 5,869 5,365 5,108 4,406 4,529 order applications Protection 6,592 5,864 5,515 5,006 4,627 4,225 4,024 4,142 orders granted** Safety order 8,887 8,061 7,280 6,368 6,069 5,626 5,499 5,334 applications Safety orders 2,467 2,688 2,327 2,255 3,316 1,917 2,029 2,381 granted Interim 1,918 1,643 1,270 917 880 731 699 674 barring order applications Interim 1,251 1,209 982 693 676 563 569 522 barring orders granted Other 915 418 289 195 255 271 12 - applications Orders 376 184 147 151 107 263 0 - granted

* Figures do not include applications struck out or withdrawn

** Some interim barring orders were granted on foot of applications for protection orders. Likewise, some protection orders were granted on foot of interim orders

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64 | Courts Service Annual Report 2020

9. Adoption

These are applications made under the Adoption Act 2010 for the making of adoption orders and challenges thereto. There were 41 applications in 2020 a 70% increase on the 24 in 2019.

Adoption: High Court Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 41 24 35 0 23 0

10. Child abduction: Hague Luxembourg Convention

The Hague Convention on the Civil Aspects of International Child Abduction (1980) is the main convention covering child abduction. The Convention seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return. It is based on the principle that the court of the child’s habitual residence is best placed to decide any custody disputes. Ireland is a signatory to The Hague and Luxembourg Conventions. These conventions have been incorporated into Irish domestic law by the Child Abduction and Enforcement of Custody Orders Act 1991. The year on year decrease in such applications can be attributed to the curtailment of travel throughout the world and that general population movement had reduced.

Child Abduction: High Court - Analysis Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 21 34 21 0 41 0

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The year in numbers | 65

Child Abduction: High Court - Analysis 2020 2019 2018 2017 2016 Incoming 21 34 37 36 47 Orders made Assess child 7 11 8 14 9 Interim order* 44 81 102 126 130 Child returned (on 6 6 11 8 8 consent) Child returned (court 4 7 9 10 10 order) Child remain (on 5 7 5 10 14 consent) Child remain (court 1 1 3 6 8 order) Other 5 20 2 0 12 Total 72 133 140 174 191

* there may be a number of interim orders made in individual cases

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66 | Courts Service Annual Report 2020

11. Childcare - Supervision and care orders

The courts deal with applications for orders in respect of the care or supervision of minors, or on behalf of minors concerning the arrangements made by TUSLA - the Child and Family Agency for their care. TUSLA can apply to the courts for a number of different orders when dealing with children who are at risk or who are in need of care. These orders give the courts a range of powers about the type of care necessary and about access to the children for parents and other relatives. The vast majority of applications are made to the District Court. Emergency care orders TUSLA can apply for an emergency care order for a child who is still at home or for one who has been removed by An Garda Síochána. In exceptional cases this type of order can be sought ‘ex parte’ without notice to the parent (e.g. a child may be found in a very vulnerable position unaccompanied with no adult carer). While exceptional applications may be made without notice being given to the parents or guardians of the child, generally, when An Garda Síochána remove a child, TUSLA notify the parent and the parent is in Court when the matter is heard. The order will be made if the judge considers that there is an immediate and serious risk to the health or welfare of the child requiring him/her to be placed, or to remain in, the care of TUSLA. Care orders and interim care orders TUSLA must apply for a care order or a supervision order (see below) if a child needs care and protection which he/she is unlikely to receive without an order. The District Court judge may make an interim care order while the decision on a full care order is pending. This means that the child is placed in the care of TUSLA for 29 days. It may be extended if TUSLA and the parents agree or if the court ﬁ nds that the threshold criteria for the making of the order continue to exist. Parents/guardians must be given notice of an interim care order application or the extension of the order unless exceptional circumstances exist making this impossible. Supervision orders A supervision order is an alternative to children being taken into the care of TUSLA. It may be applied for by the TUSLA instead of a Care Order. TUSLA may consider that a care order is not necessary or appropriate in the circumstances, but that the child should be visited regularly by a social worker under a court supervision order. The court can make a supervision order as an alternative, more proportionate remedy at the care order stage – but not at the interim care order stage. During the application for a care order the court may decide that a supervision order will address the risk of harm identiﬁ ed by TUSLA. A supervision order may also be made when the court has heard most of the evidence but needs more time to conclude the care proceedings.

The number of applications does not necessarily reﬂ ect the number of children in respect of whom orders are made, as several orders may be made in respect of an individual child. There may also be applications for a variety of orders in the same case. There was a 28% increase overall with 13,203 cases.

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 67

Supervision and Care Incoming Resolved Orders 2020 2019 2020 2019 By court Out of By court Out of court court High Court 112* 67 45 0 17 0 District Court 13,091 10,224 10,326 0 9,570 0 Total 13,203 10,291 10,371 0 9,587 0

*Includes 39 Guardianship of Infant cases

Child Care: High Court – Analysis 2020 2019 2018 2017 2016 Received 112 67 30 32 27 Orders made 205 125 234 313 323

Child Care: District Court - Overall Analysis Incoming Resolved 2020 2019 2018 2017 2016 2020 2019 2018 2017 2016 Supervision 397 450 385 548 626 356 370 362 538 569 order Care order 1,563 812 961 934 1,142 1,463 746 833 903 886 Extension of 692 665 499 434 483 610 670 480 453 449 care order Interim care 1,194 815 1,166 1,100 1,257 860 811 806 969 1,004 order Extension of interim care 5,015 4,250 4,386 3,590 3,841 4,889 4,169 4,319 4,621 2,255 order Emergency 480 327 344 309 325 392 256 271 289 758 care order Review of 1,158 539 1,648 1,056 1,371 505 437 442 484 402 care order Re-entry of 477 301 467 574 391 249 268 232 303 157 case Other* 2,115 2,065 3,312 3,386 528** 1,002 1,843 1,481 2,075 463 Total 13,091 10,224 13,168 11,931 9,964 10,326 9,570 9,226 10,635 6,943 * includes applications for adjournments, costs, production orders and vacation of hearing dates; and applications under: s.23 Children Act, 1997 (to allow admission of hearsay evidence) s.37 Child Care Act 1991 (access to children in care) s.47 Child Care Act 1991 (applications for directions) which may include applications by parents or interested relatives where children are in voluntary care.

Delivering excellent services to court users; working in partnership 2020 2030

68 | Courts Service Annual Report 2020

Child Abduction: High Court Application granted Application not granted 2020 2019 2020 2019 Supervision order 307 314 49 56 Care order 1,068 627 395 119 Extension of care order 592 661 18 9 Interim care order 766 731 94 80 Extension of interim care order 4,778 4,059 111 110 Emergency care order 351 236 41 20 Review of care order 387 395 118 42 Re-entry of case 216 247 33 21 Other 888 1,708 114 135 Total 9,353 8,978 973 592

12. Family - other

Family Law: Incoming Resolved Other 2020 2019 2020 2019 High Court 54 71 33 0 44 0 Circuit Court 242 173 31 0 32 0 District Court 2,225 3,369 2,172 0 3,228 0 Total 2,521 3,613 2,236 0 3,304 0

B. European Payment Order applications

The European Order for Payment procedure is for cross-border uncontested claims for money due and owing to the claimant (including interest and other costs). It can only be used where the creditor is in one EU Member State and the defendant is in another EU Member State. There were 51 cases in 2020 a 47% decrease on the 96 in 2019.

European Payment Order: High Court Incoming Resolved 2020 2019 2020 2019 51 96 23 35

European Payment Order: High Court Resolved: outcome 2020 2019 Declared enforceable 21 27 Terminated by claimant 2 5 Remitted for hearing 0 3 Other 28 53

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The year in numbers | 69

C. Corporate insolvency 1. Examinership

Examinership is a process in Irish law whereby the protection of the court is obtained to assist the survival of a company. It allows a company to restructure with the approval of the court.

Examinership: High Court Incoming Resolved Out of By court court Petition Appoint Appoint Extend Order Wind up Misc. withdrawn interim examiner* time reports company examiner* 2020 2019 2020 2019 2020 2019 2020 2019 2020 2019 2020 2019 2020 2019 2020 2019 11 8 0 1 12 6 10 8 14 12 3 3 0 1 17 17

* Figures for appointment of interim examiner and examiner may not be mutually exclusive as appointment of interim examiner often precedes appointment of examiner.

Examinership: Circuit Court Incoming Resolved 2020 2019 2020 2019 By court Out of court By court Out of court 3 11 4 0 9 0

2. Liquidation

The Examiner’s Ofﬁ ce of the High Court continues to assist the Court in the supervision of pre-Companies Act 2014 liquidations, with particular regard towards bringing any outstanding liquidations to a timely conclusion. At the end of 2018 the Examiner had approximately 126 such cases on hand, together with a number of legacy cases. Since the commencement of the Companies Act 2014 (on 1st June 2015), the High Court may direct, following the making of an order to wind up a company and the appointment of a liquidator, that the liquidation continue using the rules relating to a creditor’s voluntary winding up.

Wind Up Company Orders: High Court Incoming Resolved 2020 2019 2020 2019 Settled/ Order made Settled/ Order made struck out/ struck out/ withdrawn withdrawn 75 87 20 49 22 44

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70 | Courts Service Annual Report 2020

3. Restrict Directors

In certain circumstances an application can be made to the High Court to have a company director restricted from acting as a director or secretary of a company or be concerned or take part in the formation or promotion of a company. Restriction orders remain in force for a period of ﬁ ve years and conﬁ ne a person to being a director in certain types of companies that have been adequately capitalised by their shareholders.

Restrict Directors: High Court Incoming Resolved 2020 2019 2020 2019 Order made Order refused Order made Order refused 14 18 16 2 12 0

4. Disqualify Directors

In certain circumstances the High Court may disqualify a person from being appointed or acting as a director or other offi cer, statutory auditor, receiver, liquidator or examiner or being in any way, whether directly or indirectly, concerned or taking part in the promotion, formation or management of certain corporate bodies. These circumstances include where the court is satisfi ed that the person is guilty of fraud or is in breach of his/her duty under Company Law or that the conduct of the person makes him/her unfi t to be concerned in the management of a company.

Disqualiﬁ ed Directors: High Court Incoming Resolved 2020 2019 2020 2019 Order made Order refused Order made Order refused 7 5 2 0 1 0

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D. Personal insolvency Personal insolvency (creditors’ applications) (see also page 78)

Applications to have a person adjudicated bankrupt are fi led in the Offi ce of the Examiner of the High Court. Following the making of an adjudication order ownership of the bankrupt’s property is transferred to the Offi cial Assignee in Bankruptcy (who manages the Bankruptcy Division within the Insolvency Service of Ireland). He/she is an independent statutory offi cer who administers the estate of the bankrupt person and is answerable to the High Court. Bankruptcy applications may be made by creditors or by debtors in person. See below for details of pre-bankruptcy applications by creditors (‘bankruptcy summonses’) and applications by creditors to have debtors adjudicated bankrupt. Details of applications by debtors to be adjudicated bankrupt (‘self-adjudications’) and information about debt settlement procedures introduced under the Personal Insolvency Act, 2012 are on page 78. Under the provisions of the Bankruptcy (Amendment) Act 2015 a person is automatically discharged from bankruptcy one year after the order of adjudication unless the period is extended by the High Court upon application by the Offi cial Assignee in Bankruptcy High Court: Creditors applications fell by 77% in 2020. This fall can be attributed to the effect of Covid-19 restrictions which impacted on Court Sittings. As the Bankruptcy Court List is now heard remotely, early indications so far in 2021 are that applications are returning to normal levels.

Personal Insolvency: High Incoming Resolved Court 2020 2019 2020 2019 Adjudicated / Adjudicated / granted/ approved granted/ approved Bankruptcy summonses 25 108 25 88 Bankruptcy petitions (creditors) 26 75 11 32

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72 | Courts Service Annual Report 2020

E. Appeals to District Court

There are a number of statutory entitlements to appeal decisions of regulatory bodies to the District Court. They include decisions regarding the award of taxi licences and gun licences. There were 55 appeals incoming a 47% decrease on 2019.

Appeals To The Resolved Resolved District Court By court Out of court 2020 2019 2020 2019 2020 2019

55 103 38 61 0 0

F. Litigious enforcement

Following judgment, the creditor in a case can apply to the District Court for an Instalment Order against the debtor requiring him/her to pay the debt in instalments. The District Court can subsequently vary the amount ordered to be paid (variation order). If the debtor fails to make the instalments as ordered by the District Court, the creditor can apply for an Order committing the debtor to prison (committal order).

There were 1,240 summonses for the attendance of debtors before the District Court for non-payment of debts, a 37% decrease on the 1,954 in 2019. There were 1,023 instalment orders made, a 42 % decrease on the 1,750 made in 2019.

Summons For Attendance Of Debtor: District Court Incoming 2020 2019 2018 2017 2016 1,240 1,954 2,236 2,692 3,695

Litigious Enforcement Outcome 2020 2019 Instalment orders issued 1,023 1,750 Variation orders issued 79 214 Committal orders issued 15 5 Variation orders issued 79 214 Committal orders issued 15 5

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The year in numbers | 73

2. Civil and Commercial Non-Litigious Cases

Civil and Commercial Incoming Resolved Non-Litigious Cases A Proceedings in Ireland 42,629 25,074 B Foreign proceedings 4,065 4,061 Total 46,694 29,135

A. Proceedings in Ireland 1. Judgment marked in the ofﬁ ce

Where a defendant does not respond to a summary summons in the High Court, a civil bill in the Circuit Court, or a claim notice in the District Court; or where the Master of the High Court gives liberty to enter ‘fi nal’ judgment, the plaintiff can apply to have judgment ‘marked’ (awarded) against the defendant in the court offi ce. There was a 45% decrease overall with 6,617 judgments marked in the offi ce compared to 12,182 in 2019. High Court : An 89% decrease from 2019 primarily due to the effects of temporary payment breaks by fi nancial institutions. Circuit Court: a 60% cent decrease on 2019 District Court : a 90% decrease on 2020

Judgement Marked in the Incoming Resolved ofﬁ ce 2020 2019 2020 2019 High Court 58 552 58 552 Circuit Court 720 1,789 751 1,632 District Court 5,839 9,841 4,237 10,008 Total 6,617 12,182 5,046 12,192

2. Deed poll

Persons requiring documentary conﬁ rmation of a change of name, other than on marriage, may need to execute a document called a ‘deed poll’. The deed poll can be lodged in the Central Ofﬁ ce of the High Court. The imposition of restrictions on travel for non-essential purposes meant that the numbers of applications received for deed poll in 2020 showed a 43% decrease.

Deed Poll: High Court Incoming Resolved 2020 2019 2020 2019 471 820 471 820

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74 | Courts Service Annual Report 2020

3. Probate

A legal document called a Grant of Representation is required for authority to administer the estate of a deceased person. If there is a will, the executor needs to take out probate. If there is no will, or, if no executor has been appointed or the appointed person cannot act, an administrator may be appointed and he/she takes out a Letter of Administration (or a Letter of Administration with Will Annexed if there is a will). High Court: The fi gures set out below do not take account of the error rates on papers submitted to both the Dublin Probate Offi ce (DPO) and the District Probate Registries (DPR). In 2020 the error rate was over 70% on fi rst time applications and runs at 25% on applications submitted for a second time. In practice that means that the DPO and DPRs had to check almost twice the number of applications set out above in order to issue the number of grants which issued in 2020. In reality, the DPO and DPRs had to check almost thirty thousand applications in 2020.

Probate Incoming 2020 2019 Principal Registry 9,362 10,195 Local registries 6,325 7,521 Total 15,687 17,716

Intestacies: Grants Issued 2020 2019 Principal Registry 1,591 1,925 Local registries 1,277 1,599 Total 2,868 3,524

Probate (And Administrations With Wills Annexed): Grants Issued 2020 2019 Principal Registry 6,749 7,754 Local registries 5,392 6,608 Total 12,141 14,362

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The year in numbers | 75

4. Wards of court

When a person becomes unable to manage his or her assets because of mental incapacity, an application can be made to the courts for the person to become a ward of court. The court must decide as to whether the person is capable of managing his or her own property for his or her own beneﬁ t and the beneﬁ t of his or her dependants. If it is decided that the person cannot manage his or her own property because of mental incapacity, a committee is appointed to control the assets on the ward’s behalf. A person under 18 years of age may also be taken into wardship as a minor. The wardship list continued to sit throughout the year notwithstanding the varying levels of restrictions arising from Covid-19. A decrease in the number of people admitted to wardship is as a result of the restrictions imposed throughout the year.

Wards Of Court: High Court Incoming Resolved 2020 2019 2020 2019 382 449 319* 396

* 308 Declaration Orders and 11 applications dealt with by way of undertaking

Wards Of Court: High Court 2020 2019 Wardship cases 2,744 2,758 Applications awaiting hearing* 127 145 Adults and minors taken into 309 385 wardship (declaratory orders) Dismissed/discharged 266 266 Orders signed 2,312 2,001

* cases pending with inquiry order signed at 31st December

Wards Of Court: Active Cases: Reason admitted to wardship 2020 2019 Brain injury 31 45 Dementia and age-related 173 218 illness Learning/intellectual disability 62 53 Minors (under 18 years of age) 19 21 Psychiatric illness 24 48 Total 309 385

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76 | Courts Service Annual Report 2020

5. General Solicitor for Minors and Wards of Court

The General Solicitor for Minors and Wards of Court is a solicitor in the service of the State appointed by the President of the High Court to act in certain wardship matters. He/she is accountable to the High Court for all monies and assets under his/her control relating to the affairs of a minor or ward. The General Solicitor can only act as solicitor in those matters assigned to them by the registrar of the wards of court. He/she cannot take on private clients like a solicitor in private practice. Due to the increase in number of wardship cases that now encompass the previous inherent jurisdiction applications to protect and vindicate the rights of vulnerable adults lacking capacity and minors, the number of cases where the General Solicitor is appointed as independent Committee has increased in both volume and complexity since 2015/2016. This has resulted in an increased level of expertise and work by the Case Ofﬁ cers to ensure their rights are vindicated and maintain the level of standard expected in accordance with legislation and court directions. In 2020, the caseload of the ofﬁ ce increased by 15% from 2019.

General Solicitor For Minors And Wards Of Court 2020 2019 Active (yearly average) 656 570 Pending 8 7 Dismissal 315 274 Total cases 979 851

General Solicitor For Minors And Wards Of Court: Active Cases Reason admitted to wardship 2020 2019 Brain injury 89 79 Dementia and age-related illness 162 156 Learning/intellectual disability 226 195 Minors (under 18 years of age) 13 18 Psychiatric illness 169 151 Other 5 1 Total 664 600

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The year in numbers | 77

6. Enduring Powers of Attorney (registered)

An enduring power of attorney (EPA) allows another specially appointed person (‘the attorney’) to make ‘personal care decisions’ on the donor’s behalf once he/she is no longer fully mentally capable of taking decisions him/herself. Personal care decisions may include deciding where and with whom the donor will live, who he/she should see or not see and what training or rehabilitation he/she should get. The number of Enduring Powers of Attorney registered in the Wards of Court Ofﬁ ce continues to increase year on year, this area of work remained steady despite the restrictions in place throughout the year arising from Covid-19.

Enduring Powers Of Attorney (Registered): High Court Incoming Resolved 2020 2019 2020 2019 1,338 1,317 1,156 1,031

7. Care representatives

Where a person has reduced capacity to make certain decisions (that is, diminished mental capacity) and wishes to apply for a Nursing Home Loan, the Circuit Court can appoint a Care Representative to act on behalf of the person in respect of the Nursing Homes Support Scheme and especially in respect of the Nursing Home Loan. The Care Representative can also act on behalf of the person in relation to making an application for a Care Needs Assessment, State support, or any other matter relating to the scheme. 2020 saw a 9% decrease on the 621 in 2019.

Care Representatives: Circuit Court Incoming Resolved 2020 2019 2020 2019 564 621 422 555

8. Mental Health Act applications

A person can appeal the making of an admission order or a renewal order by a mental health tribunal to the Circuit Court under the Mental Health Act 2001.

Mental Health Act Applications: Circuit Court Incoming Resolved 2020 2019 2020 2019 125 126 136 97

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78 | Courts Service Annual Report 2020

9. Personal insolvency (self) (see also page 71)

The Insolvency Service of Ireland administers the debt settlement procedures introduced under the Personal Insolvency Act 2012. The Act introduced three debt resolution mechanisms for people who cannot afford to pay their personal debts. Applications may be made to the Circuit Court or to the High Court. A Debt Relief Notice allows for the write-off of qualifying debt up to €35,000, subject to a 3-year supervision period. The Circuit Court has exclusive jurisdiction to hear applications. A Protective Certiﬁ cate (PIA & DSA) offers a debtor and their assets protection from legal proceedings by creditors in respect of debts for a limited time while they are applying for a DSA or PIA. A Protective Certiﬁ cate remains in force for a period of 70 days but may be extended in limited circumstances. A Debt Settlement Arrangement applies to the agreed settlement of unsecured debts, usually over a period of 5 years. The Circuit Court has exclusive jurisdiction to hear applications where the total value of unsecured debts does not exceed €2.5m. Where qualifying debts exceed €2.5m but do not exceed €3m, jurisdiction is vested in the High Court. For debts above €3m, the Act does not apply, and people are expected in the main to consider applying for bankruptcy. An Objection of Creditor to a Proposal for Debt Settlement Arrangement is an objection made by a Creditor to the proposal for a Debt Settlement Arrangement A Personal Insolvency Arrangement applies to the agreed settlement and/or restructuring of secured debts up to a total of €3 million (as well as unsecured debts) over a period of 6 years. The Circuit Court has exclusive jurisdiction to hear applications where the total value of qualifying debts does not exceed €2.5m. Where qualifying debts exceed €2.5m but do not exceed €3m, jurisdiction is vested in the High Court. An Objection of Creditor to a Proposal for Personal Insolvency Arrangement is an objection made by a Creditor to the proposal for a Personal Insolvency Arrangement. An Application Pursuant to Section 115A(9) of the Personal Insolvency Act 2012-2015 affords a debtor an opportunity to have Personal Insolvency Arrangements (“PIA”s), which has been rejected by creditors, reviewed by the Court under certain circumstances. An Objection of Creditor to a Proposal for Application Pursuant to Section 115A(9) of the Personal Insolvency Act 2012-2015 is and objection made by a Creditor to the proposal for an Application pursuant to Section 115A(9) of the Personal Insolvency Act 2012-2015 Bankruptcy applications may be made to the High Court by creditors or by debtors in person (‘self-adjudications’). See below for details of applications by debtors to be adjudicated bankrupt. Details of pre-bankruptcy applications by creditors (‘bankruptcy summonses’) and details of applications by creditors to have debtors adjudicated bankrupt are on page 71. There were 119 applications to the High Court by debtors to be adjudicated bankrupt (‘self adjudications’) in 2020, a 48% decrease on the 230 in 2019. This can be attributed to the restrictions on Court sittings due to Covid-19. Early indications in 2021 are that applications are returning to pre Covid-19 levels, due to the availability of Remote Court hearings. There was a 200% increase in Approved Arrangements with the Circuit Court thresholds exceeded by Applicants.

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 79

Personal Insolvency: High Court Incoming Resolved – by court Approve Refused Struck out Withdrawn request 2020 2019 2020 2019 2020 2019 2020 2019 2020 2019 Debt settlement 1 10 1 1 0 0 0 1 0 0 arrangements Personal 34 63 29 9 1 0 0 0 4 3 insolvency arrangements Total 35 73 30 10 1 0 0 1 4 1

Personal Insolvency: Circuit Court Incoming Resolved – by court Approve Refused Struck out Withdrawn request 2020 2019 2020 2019 2020 2019 2020 2019 2020 2019 Debt relief notices 118 271 120 261 0 0 0 0 0 5 Protective Certiﬁ cate 1,298 1,987 1,367 1,352 0 2 0 1 0 3 (PIA & DSA) Debt settlement 98 132 98 129 1 0 0 0 0 1 arrangements Personal Insolvency 702 881 768 761 10 20 0 0 0 2 Arrangements Objection of Creditor to 4 12 13 15 1 3 0 0 0 7 a Proposal for Personal Insolvency Arrangement Application Pursuant to 393 443 207 27 212 4 24 2 0 1 Section 115A(9) of the Personal Insolvency Act 2012-2015 Objection of Creditor 303 347 231 4 19 2 11 1 0 4 to a Proposal for Application Pursuant to Section 115A(9) of the Personal Insolvency Act 2012-2015 Total 2,916 4,074 2,804 2,549 243 31 35 4 0 23

Delivering excellent services to court users; working in partnership 2020 2030

80 | Courts Service Annual Report 2020

Bankruptcy Petitions (Self): High Court Incoming Resolved 2020 2019 2020 2019 Adjudicated / granted/ Adjudicated / granted/ approved approved 119 230 118 231

10. Licensing

The majority of applications for licences are made to the District Court. They include pub, restaurant, dance and lottery licences with applications for special exemption orders comprising over 80% of applications in any year. Special exemption orders exempt the holder of an on-licence from the provisions of the Intoxicating Liquor Act relating to prohibited hours in respect of licensed premises. 2020 saw a 70% decrease on the 42,802 in 2019 as a result of the pandemic.

Licensing Incoming Resolved 2020 2019 2020 2019 Circuit Court 109 215 109 215 District Court 12,949 42,587 12,949 42,587 Total 13,058 42,802 13,058 42,802

11. Marriage exemption

The Circuit Court can exempt persons wishing to marry from the requirement to give three months’ notice to the Registrar of Marriages. It can also exempt persons from the age requirements for marriage. There was a 9% increase in Marriage Exemption applications in the Circuit Court.

Marriage Exemption: Short Notice: Circuit Court Incoming Resolved 2020 2019 2020 2019 457 421 370 359

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The year in numbers | 81

B. Foreign proceedings 1. Service of documents Service Of Incoming requests Outgoing requests Documents 2020 2019 2020 2019 High Court* 101 128 No requests No requests Circuit Court 3,758 5,027 233 392

* Hague Convention (proceedings initiated in non-EU countries) The reduction in levels of service of documents may be attributed to the reduction in business internationally as well as international travel.

2. Maintenance (foreign)

Maintenance Incoming Resolved (Foreign) 2020 2019 2020 2019 High Court* 13 30 13 22 District Court 97 97 93 93

* applications under Regulation (EC) 4/2009 The reduction in foreign maintenance applications may also be attributable to restrictions on international travel

3. Other

Taking Of Evidence: District Court Incoming Resolved 2020 2019 2020 2019 96 96 96 96

Delivering excellent services to court users; working in partnership 2020 2030

82 | Courts Service Annual Report 2020

3. Non-Litigious Enforcement Cases

Following judgment, a creditor can choose a number of routes to obtain payment of money adjudged to be owed by a debtor, or the return of property the subject of possession proceedings (‘enforce the judgment’). In general, once the creditor has a judgment order, the judgment can be enforced. Enforcement orders can be issued by court ofﬁ ces – the creditor does not have to go back to court for the order. Creditors have 12 years from the date of the judgment to look for enforcement orders.

• Execution orders The courts issued 1,058 execution orders in 2020, a 66% decrease on the 3,137 in 2019. In the High Court there were 142 execution orders for recovery of money , a 83% decrease on the 825 in 2019. There were eight execution orders for possession of property an 81% decrease on the 43 in 2019. There were 850 execution orders for the recovery of money in the Circuit Court, a 60% decrease on the 2,099 in 2019. • Registration of judgments Judgments obtained in the District Court, Circuit Court and High Court can be registered in the High Court. There were 1,408 judgments registered in 2020, an 27% decrease on the 1,953 in 2019. Judgments registers are open for public inspection in the Central Offi ce of the High Court. • Judgment mortgage certifi cates There were 340 judgment mortgage certifi cates signed in the High Court, an 50% decrease on the 675 certifi cates signed in 2019.

1. Execution orders issued – following judgments marked in the ofﬁ ce in debt cases

Incoming Resolved 2020 2019 2020 2019 High Court* 142 825 142 825 Circuit Court 720 1,789 751 1,632 Total 862 2,614 893 2,457

* includes execution orders issued on foot of court orders 2. Execution orders issued – on foot of court orders

Incoming Resolved 2020 2019 2020 2019 Circuit Court 130 310 139 329

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The year in numbers | 83

3. Execution orders issued – possession cases

Incoming Resolved 2020 2019 2020 2019 High Court 8 43 8 43 Circuit Court 58 170 62 177 Total 66 213 70 220

High Court: There was an 82% decrease in Execution Orders issued in possession cases. This is primarily due to Covid-19 stalling such applications by a moving party.

4. Judgments registered

Judgments Incoming Resolved Registered * 2020 2019 2020 2019 High Court; 1,408 1,953 1,408 1,953 Circuit Court; District Court

* judgments of High Court, Circuit Court and District Court are registered in High Court Central Ofﬁ ce

High Court: There was a 18% decrease in Judgments registered in the Central Ofﬁ ce. The Government’s moratorium on debt enforcement actions appears to be the main reason for the reduction.

5. Judgment mortgage certiﬁ cates issued

Judgment Mortgage Incoming Resolved Certiﬁ cates Issued 2020 2019 2020 2019 High Court 340 675 340 675 Circuit Court 247 796 247 796 District Court 288 709 288 709 Total 875 2,180 875 2,180

6. Satisfaction piece issued

Satisfaction Incoming Resolved Piece Issued 2020 2019 2020 2019 High Court 32 106 32 106 Circuit Court 49 70 49 70 District Court 37 85 37 85 Total 118 261 118 261

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84 | Courts Service Annual Report 2020

4. Appeals

Appeals Civil and Family Incoming Resolved Law 2020 2019 2020 2019 Circuit Court to 230 545 150 322 High Court District Court to 787 1,091 688 1,293 Circuit Court Total 1,017 1,636 838 1,615

5. Cases Stated

Case stated is a procedure by which a court or tribunal can ask another court for its opinion on a point of law. There are two kinds: consultative case stated and appeal by way of case stated.

2020 2019 Received Orders made Received Orders made District Court to 17 12 25 7 High Court Revenue (District 43 3 8 1 Court) to High Court

6. Miscellaneous

1. Written judgments

The High Court may decide following the hearing of a matter to ‘reserve’ its decision to another date. The decision may subsequently be delivered in the form of a written judgment. Many High Court judgments are available on the website of the Service: www.courts.ie. There was a 24% increase in Judgments delivered in 2020. The decrease in judgments delivered is attributable to the reduction in the numbers of sitting days for civil business during the year.

Written Judgements Deilvered: High Court 2020 2019 Reserved at 1 January 111 117 Delivered 434 349* Reserved at 31 December 130 111

*ﬁ gure overstated in 2019

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The year in numbers | 85

2. Taxation of Costs

When a person or a company, otherwise known as a party, incurs costs as a result of legal action they may have those costs taxed. The taxation of costs is the independent and impartial assessment and measurement of legal costs by an ofﬁ cer known as a Taxing Master. Please note the Courts Service has provided this data in previous reports. However, for 2020 this now comes under the Ofﬁ ce of the Legal Cost Adjudicators who are now required to produce their own Annual Report.

3. Notices of motion

A Notice of Motion is a formal notice to participants in litigation of an intention on the part of another party to seek particular relief from the court. There may be numerous notices of motion issued in the course of an action and notices of motion may be adjourned a number of times before they are dealt with.

Notices Of Issued/dealt with Motion 2020 2019 High Court 12,109 14,698 Circuit Court 22,507* 32,069 * includes adjournments

4. Case progression (family law)

Case progression is the term given to the management of a case before it comes to trial. Its purpose is to ensure that proceedings are prepared in a manner which is fair, efﬁ cient and likely to keep the costs as low as possible. It also ensures that time and other resources of the court are put to best use. There was a 29% reduction in the number of hearings in 2020.

Case Progression: Number of hearings Family Law 2020 2019 Circuit Court 3,833 5,369

Delivering excellent services to court users; working in partnership 2020 2030

86 | Courts Service Annual Report 2020

Criminal Business

Resolved Criminal Business: By Offence Incoming (orders made)* 2020 2019 2020 2019 Serious criminal offences: Central 21,322 18,539 17,535 18,938 Criminal Court; Special Criminal Court; Circuit Criminal Court Misdemeanour and/or minor 382,455 406,480 194,796 301,506 criminal offences: District Court Appeals: Supreme Court; Court of 12,215 19,579 13,293 51,361 Appeal; Circuit Court Total 415,992 444,598 225,624 371,805

* orders made in respect of offences. Note that there may be more than one order made in respect of an individual offence.

District Court

The District Court exercising its criminal jurisdiction deals with four particular types of offences: summary offences, indictable offences which are triable summarily (these include ‘minor offences’), indictable offences that may be dealt with summarily and indictable offences which are not triable summarily. When the District Court hears a criminal case, the judge sits without a jury. The District Judge decides the issues of fact and whether to convict. He or she also determines the sentence. In the case of most indictable ofﬁ ces which have to be tried by a judge sitting with a jury, the District Court may impose sentence where the accused pleads guilty provided that the Director of Public Prosecutions consents and the judge accepts the guilty plea. Otherwise, the accused is sent forward to the Circuit Court on his signed plea of guilty for sentencing. The District Court has a limit on the sentence it may impose in respect of a single criminal charge of 12 months imprisonment.

The District Court received 382,455 new offences in 2020. Not all offences were proceeded with by the prosecutor. The Court made 194,796 orders in respect of the offences that did proceed. It is important to note that there can be more than one order made in respect of an offence. For example, in respect of a road trafﬁ c offence a person may receive a ﬁ ne, an imprisonment and defendant numbers.

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 87

Criminal Business: Resolved: Incoming District Court offences: orders made Categories Offences Defendants Summary Indictable Sent dealt with forward for summarily trial* Road trafﬁ c 214,056 134,350 107,838 573 221 Drugs 38,635 22,750 1,313 15,143 2,750 Sexual 3,411 618 29 111 3,470 Larceny/fraud/robbery 35,354 14,553 4 17,555 6,013 Public order/assault 48,823 26,084 24,185 1,981 2,585 Other 42,176 27,726 20,595 5,469 6,499 Total 382,455 226,081 153,964 40,832 21,538

* Note: There is usually only one order made when an offence is being sent forward for trial

Summary Offences: Outcomes: Orders Made: District Court Dis S/O TIC Fine Bond Disq C/S Prob Imp* Susp Other Fixed Total Road 2,384 39,145 11,984 21,308 34 7,405 245 508 1,025 1,037 13,706 9,057 107,838 trafﬁ c Drugs 46 204 107 367 3 330 5 48 38 29 136 0 1,313 Sexual 1 2 1 8 1 2 8 4 2 0 29 Larceny/ 0 2 0 0 0 0 0 1 0 1 0 4 fraud/ robbery Public 701 6,056 5,023 4,286 290 2 194 2,042 1,131 710 3,750 0 24,185 order/ assault Other 724 7,051 2,797 5,034 85 232 73 1,075 747 527 2,250 0 20,595 Total 3,856 52,460 19,912 31,003 413 7,969 517 3,676 2,949 2,307 19,845 9,057 153,964

Note: There is usually only one order made when an offence is dismissed, struck out or taken into consideration. There may be more than one order made when the penalty imposed in respect of an offence is a fi ne, bond, disqualifi cation, community service, probation, imprisonment/detention, or sentence suspended. Key: Dis = dismiss. S/O = strike out TIC = taken into consideration Disq = disqualifi ed C/S = community service Prob = probation Imp = imprisonment or detention* Susp = suspended sentence Fixed = fi xed penalty * refers to detention of a person under 18 in a detention centre

Delivering excellent services to court users; working in partnership 2020 2030

88 | Courts Service Annual Report 2020

Indictable Offences Dealt With Summarily: Outcomes: Orders Made: District Court Dis S/O TIC Fine Bond Disq C/O Prob Imp* Susp Other Total Road 15 153 66 36 1 44 11 27 103 20 97 573 trafﬁ c Drugs 270 3,412 1,669 2,458 64 4 139 1,915 403 504 4,305 15,143 Sexual 9 39 1 3 1 0 0 13 7 12 26 111 Larceny/ 357 4,035 3,881 1,403 111 41 193 1,720 2,554 1,111 2,149 17,555 fraud/ robbery Public 125 639 102 92 64 2 38 172 160 174 413 1,981 order/ assault Other 187 1,500 825 397 48 6 58 486 595 309 1,058 5,469 Total 963 9,778 6,544 4,389 289 97 439 4,333 3,822 2,130 8,048 40,832

Note: There is usually only one order made when an offence is dismissed, struck out or taken into consideration. There may be more than one order made when the penalty imposed in respect of an offence is a fi ne, bond, disqualifi cation, community service, probation, imprisonment/detention, or sentence suspended. Key: Dis = dismiss. S/O = strike out TIC = taken into consideration Disq = disqualifi ed C/S = community service Prob = probation Imp = imprisonment or detention* Susp = suspended sentence * refers to detention of a person under 18 in a detention centre

Speciﬁ c Road Trafﬁ c Offences: Orders Made: District Court Dis S/O TIC Fine Bond Disq C/S Prob Imp* Susp Other Fixed Total Dangerous 81 892 408 339 1 570 18 17 147 72 1,086 0 3,631 driving Drink 367 593 54 1,845 1 2,137 25 11 82 115 329 0 5,559 driving Offences 931 11,588 1,525 9,883 21 4,175 150 120 584 688 3,656 5,911 39,232 attracting penalty points Total 1,379 13,073 1,987 12,067 23 6,882 193 148 813 875 5,071 5,911 48,422

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 89

Juvenile crime

The age of criminal responsibility in Ireland is 12 years (section 52 Children Act 2001, as amended by section 129 Criminal Justice Act 2006). Children who have not reached the age of 12 years cannot be charged with an offence. There is an exception for children aged 10 or 11 who can be charged with murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape)(Amendment) Act 1990 or aggravated sexual assault. In addition, where a child under 14 years of age is charged with an offence, no further proceedings can be taken without the consent of the Director of Public Prosecutions. The majority of children who come before the courts are aged between 15 and 17 years.

Juvenile Crime: Orders Made : District Court Dis S/O TIC Fine Bond Disq C/S Prob Imp* Susp Other Total Road 9 149 166 32 2 63 46 19 2 152 640 trafﬁ c Drugs 13 46 87 11 2 3 1 38 2 4 17 224 Sexual 3 3 0 0 0 0 0 1 0 0 0 7 Larceny/ 46 187 318 27 4 0 3 240 87 22 161 1,095 fraud/ robbery Public 27 169 278 17 5 0 4 188 45 6 85 824 order/ assault Other 18 81 125 10 3 0 2 85 29 4 89 446 Total 116 635 974 97 16 66 10 598 182 38 504 3,236

Note: There is usually only one order made when an offence is dismissed, struck out or taken into consideration. There may be more than one order made when the penalty imposed in respect of an offence is a fi ne, bond, disqualifi cation, community service, probation, imprisonment/detention, or sentence suspended. Key: Dis = dismiss. S/O = strike out TIC = taken into consideration Disq = disqualifi ed C/S = community service Prob = probation Imp = imprisonment or detention* Susp = suspended sentence * refers to detention of a person under 18 in a detention centre

Delivering excellent services to court users; working in partnership 2020 2030

90 | Courts Service Annual Report 2020

Circuit Court

The Circuit Court deals with all indictable offences except murder, rape, aggravated sexual assault, treason, piracy and related offences. This jurisdiction is exercisable in the area where the offence has been committed or where the accused person has been arrested or resides. In Circuit Courts outside Dublin, the trial judge may transfer a trial to the Dublin Circuit Criminal Court on application by the prosecution or the defence and if satisﬁ ed that it would be unjust not to do so. Criminal cases dealt with by the Circuit Criminal Court begin in the District Court and are sent forward to the Circuit Court for trial or sentencing. Where a person is sent forward to the Circuit Criminal Court for trial the case is heard by judge and jury although a person can change their plea to guilty and dispense with a trial. Certain Indictable offences of a minor nature can be heard in the District Court where the DPP and or the accused consents .

Offences: Incoming Resolved: offences Circuit Court Offences Defendants* Guilty Trials N/P TIC Quash Dec Convicted Acquitted Road trafﬁ c 794 229 566 29 9 116 174 0 0 Drugs 3,261 673 1,758 15 9 713 277 0 2 Sexual 1,668 227 387 97 130 266 164 0 114 Firearms 979 657 483 15 24 147 113 0 3 Larceny/ 6,277 1,249 3,822 57 18 939 1,111 0 7 fraud/robbery Assault 1,881 1,082 1,111 32 65 175 81 0 5 Child abuse 48 24 25 17 1 6 0 0 0 Manslaughter 9 1 0 0 1 0 0 0 0 Other 3,358 1,513 1,932 48 68 690 398 0 3 Total 18,275 5,655 10,084 310 325 3,052 2,318 0 134

* Note: There is usually only one order made when an offence is being sent forward for trial

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 91

Offences: Outcomes Following Convictions : Circuit Court TIC Fine Bond Disq C/S Prob Imp* Susp Other Total Road trafﬁ c 99 13 78 146 12 15 162 51 22 598 Drugs 146 5 431 3 19 61 257 331 526 1,779 Sexual 30 1 100 0 1 17 244 74 41 508 Firearms 84 3 118 0 4 19 146 52 85 511 Larceny/fraud/ 469 1 1,143 4 109 104 1,200 669 216 3,915 robbery Assault 55 6 320 11 41 44 384 220 49 1,130 Child abuse 1 0 13 0 0 3 17 6 62 102 Manslaughter 0 0 0 0 0 0 0 0 0 0 Other 266 23 590 14 12 68 587 298 141 1,999 Total 1,150 52 2,793 178 198 331 2,997 1,701 1,142 10,542

Key: TIC = taken into consideration Disq = disqualiﬁ ed C/S = community service Prob = probation Imp = imprisonment or detention* Susp = suspended sentence * refers to detention of a person under 18 in a detention centre

Appeals From District Court : Circuit Court Categories Incoming Resolved: offences Off Def Aff Var Rev S/O S/O N/A Road trafﬁ c 5,925 3,570 1,276 2,150 1,593 884 719 Drugs 764 387 86 295 96 114 65 Sexual 17 15 2 8 1 1 0 Larceny/fraud/robbery 1,432 537 306 521 56 380 294 Public order/assault 1,291 692 288 481 91 311 150 Other 1,370 820 209 518 156 284 230 Total 10,799 6,021 2,167 3,973 1,993 1,974 1,458

Key: Off = offences Def = defendants Aff = afﬁ rmed Var = varied Rev = reversed S/O = struck out S/O N/P = struck out no appearance

Delivering excellent services to court users; working in partnership 2020 2030

92 | Courts Service Annual Report 2020

Special Criminal Court

The Offences Against the State Act 1939 provides for the establishment of Special Criminal Courts. The Special Criminal Court sits with three judges and no jury. The rules of evidence that apply in proceedings before the Court are the same as those applicable to trials in the Central Criminal Court. The Court is authorised by the 1939 Act to make rules governing its own practice and procedure. There were four trials in the Special Criminal Court involving 4 defendants in 2020.

Special Criminal Court Categories Incoming Resolved: offences Offences Defendants Guilty Trials Nolle Pleas Convicted Acquitted prosequi Membership of illegal 1 1 0 1 0 0 organisation Possession of ﬁ rearms/ 14 8 9 0 2 0 ammunition/explosive substance Murder 1 1 0 1 0 0 Theft 4 4 0 0 0 0 Threaten to kill 0 0 0 0 0 0 Other 116 31 19 1 0 0 Total 136 45 28 3 0 0

* there may be more than one offence brought against a defendant

Offences : Outcomes (Guilty pleas + Trials) Imprisonment Nolle Acquittal Taken into Total prosequi consideration Non conviction Membership of illegal 1 0 0 0 1 organisation Possession of ﬁ rearms/ 9 7 2 4 22 ammunition/explosive substances Murder 1 0 0 0 1 Theft 0 1 0 0 1 Threaten to kill 0 0 0 0 0 Other 20 76 0 1 97 Total 31 84 2 5 122

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 93

High Court: Central Criminal Court

The High Court exercising its criminal jurisdiction is known as the Central Criminal Court. It consists of a judge or judges of the High Court. The court sits at such time and in such places as the President of the High Court may direct and tries criminal cases which are outside the jurisdiction of the Circuit Court. The court mainly hears murder and rape trials and criminal trials under the Competition Act 2002. An appeal against conviction or sentence by the Central Criminal Court may be taken to the Court of Appeal.

The trend in recent years has been for trials to take longer to hear due to a number of factors including the increased use of video viewing. To assist with the management of waiting times, in cases where a scheduled hearing is not proceeding in the Special Criminal Court, the High Court judge assigned to that court will sit as a judge of the Central Criminal Court to deal with any available trials. In 2020, there were 65 trials in the Central Criminal Court against 71 defendants involving many counts as set out beneath. Of those trials, 18 included at least one count of Murder and 44 included at least one count of Rape. No trial proceeded in 43 cases, as 32 defendants pleaded guilty, 3 defendants died and 8 cases were withdrawn by the State prior to trial.

Offences: Trials And Defendants: Central Criminal Court Trials Defendants Murder (including attempted murder) 20 18 Rape (including attempted rape) 265 48 Sexual Offences 253 24 Assault 9 7 Other 15 12 Total 562 109

Delivering excellent services to court users; working in partnership 2020 2030

94 | Courts Service Annual Report 2020

Central Criminal Incoming Resolved Court Offence type Off Defendants Guilty Trials Nolle TIC Quash Dec Pleas Prosequi ** Murder 42 40 5 20 3 0 0 1 (including attempted murder)* Rape 1,130 176 48 265 169 11 0 34 (including attempted rape) Sexual 1,574 110 84 253 253 47 0 33 Offences*** Assault 73 20 8 9 5 2 0 0 Other **** 92 40 9 15 3 2 0 0 Total 2,911 386 154 562 433 62 0 68

* includes two pleas of guilty to the lesser charge of manslaughter accepted by DPP previously reported under ‘manslaughter’ and now reported under ‘murder’ as per the indictments in each case ** TIC – ‘taken into consideration’ – offences may be taken into consideration where an offender is sentenced on other multiple offences. *** includes serious offences such as sexual assault and sexual offences against children, previously reported under ‘other’ **** includes impeding a prosecution, accessory to manslaughter, false imprisonment, criminal damage, possession of a knife, burglary Key: Off = offences Def = defendants G/P = guilty pleas N/P = nolle prosequi Dec = accused deceased

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 95

Offences: Resolved: Outcome Of Trials : Central Criminal Court Offence type Convicted Acquitted Disagreed Committal: Prohibited Total not guilty by reason of insanity Murder (including 14 0 6 0 0 20 attempted murder)* Rape (including 118 93 54 0 0 265 attempted rape) Sexual Offences 65 56 132 0 0 253 Assault 2 7 0 0 0 9 Other 10 3 2 0 0 15 Total 209 159 194 0 0 562

*includes two convictions by jury to the lesser charge of manslaughter

Offences: Resolved: Penalties Imposed On Conviction : Central Criminal Court Fines Det Imp F/S Imp P/S Imp Total (minors) Murder* 0 2 N/A N/A 10 12 Manslaughter 0 1 0 5 1 7 Rape** 0 2 0 50 114 166 Sexual Offences 0 1 8 28 112 149 Assault 0 0 3 3 4 10 Other 0 0 0 5 14 19 Total 0 6 11 91 255 363

Key: Det (minors) = detention of a person under 18 years in a detention centre Imp F/S = imprisonment fully suspended Imp P/S = imprisonment/detention* part suspended * includes attempted murder ** includes attempted rape

Offences: Resolved: Length Of Sentences Imposed On Conviction*: Central Criminal Court Up to 2 Over 2 years Over 5 years Over 10 Life years to 5 years to 10 years years Murder** 0 0 0 0 12 Manslaughter 0 1 6 0 0 Rape*** 0 22 30 114 0 Sexual Offences 13 89 35 12 0 Assault 0 8 2 0 0 Other 2 8 7 2 0

* includes suspended sentences ** includes attempted murder *** includes attempted rape

Delivering excellent services to court users; working in partnership 2020 2030

96 | Courts Service Annual Report 2020

Criminal Justice (Victims of Crime) Act 2017 The Criminal Justice (Victims of Crime) Act 2017 gives effect to provisions of Directive 2012/29/EU of the European Parliament and of the Council of 25th October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA. The Courts Service commenced the collection of statistical information in compliance with section 30 of the Act during 2018.

Central Criminal Court: Victims Evidence given by video Evidence given behind a Intermediaries used link screen 4 2 3

Court Of Appeal Court of Appeal: Civil

The Court of Appeal hears appeals in civil proceedings from the High Court except for those cases in which the Supreme Court has permitted an appeal to it on being satisﬁ ed that the appeal meets the threshold set out in Article 34.5.4° of the Constitution. The court also determines questions of law referred to it by the Circuit Court and the High Court military judge hearing a Court-Martial (cases stated). The court also continues to deal with appeals transferred from the Supreme Court which had been initiated before the establishment of the court on 28th October 2014 and had not been fully or partly heard by the Supreme Court by that date (Article 64 appeals). The remaining Article 64 legacy appeals which had not been resolved were again actively managed in 2020. Of the 1,360 appeals which had been transferred from the Supreme Court to the Court of Appeal in 2014 the number of such appeals still pending was reduced to 39. Despite the restrictions required as a result of the Covid-19 Pandemic and through the use of technology The Court of Appeal managed to continue to hear cases throughout the year and determined almost as many New Appeals as it did in 2019 (476 for 2020). The Court operates a weekly directions list for new appeals which allows the court to case manage every new appeal lodged and through the use of Virtual Courts this process was able to continue during 2020. The 51% decrease in the number of new appeals received in 2020 (277 compared to 539 in 2020) can be attributable to the reduction in cases determined in the Courts below as a result of the Covid-19 Pandemic and as a result of this and the ability of the Court of Appeal to continue to sit the average waiting time was still only 25 weeks by the end of 2020.

1. New appeals

New Appeals : Court Of Appeal Pending at 01/01 Incoming Resolved Pending at 31/12 733 277 476 534

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 97

New Appeals: Court Of Appeal Case type Pending at Incoming Resolved Pending 01/01 In court Out of at 31/12 court Determined Withdrawn Withdrawn Article 40/Habeas 8 2 1 0 0 9 Corpus Bail 6 19 9 12 0 4 Chancery 186 47 72 32 13 116 Commercial 36 22 14 6 2 36 Company 15 6 11 1 0 9 Contract 21 7 8 5 0 15 Criminal 22 10 15 3 0 14 Extradition 4 11 4 2 0 9 Family 6 7 5 1 0 7 Insolvency 2 1 1 1 0 1 (Corporate) Insolvency 18 10 17 1 2 8 (Personal) Judicial Review 59 3 29 7 4 22 (asylum related) Judicial review 72 38 28 10 1 71 (other) Personal injury 67 36 18 19 5 61 Plenary 40 8 14 4 2 28 Proceeds of Crime 2 5 3 0 0 4 Act Security for costs 2 0 0 0 0 2 Summary judgment 105 16 34 16 5 66 Other 62 29 32 4 3 52 Total 733 277 315 124 37 534

Delivering excellent services to court users; working in partnership 2020 2030

98 | Courts Service Annual Report 2020

2. Article 64 appeals

Article 64 Appeals (Appeals Transferred From Supreme Court) Pending at 01/01 Resolved Transferred Pending at 31/12 59 22 0 37

Article 64 Appeals: Court Of Appeal Case type Pending Incoming Resolved Transferred* Pending at 01/01 In court Out of at 31/12 court Determined Withdrawn Withdrawn Article 40/ 1 ~ 0 0 0 0 1 Habeas Corpus Bail 1 ~ 0 0 0 0 1 Chancery 11 ~ 1 1 0 0 9 Commercial 3 ~ 2 0 0 0 1 Company 1 ~ 0 0 0 0 1 Contract 0 ~ 0 0 0 0 0 Criminal 0 ~ 0 0 0 0 0 Extradition 0 ~ 0 0 0 0 0 Family 1 ~ 0 0 0 0 1 Insolvency 0 ~ 0 0 0 0 0 (Corporate) Insolvency 0 ~ 0 0 0 0 0 (Personal) Judicial 2 ~ 1 1 0 0 0 Review (asylum related) Judicial 6 ~ 2 0 0 0 4 review (other) Personal 2 ~ 1 0 0 0 1 injury Plenary 7 ~ 2 0 0 0 5 Proceeds of 2 ~ 2 0 0 0 0 Crime Act Security for 0 ~ 0 0 0 0 0 costs Summary 6 ~ 3 0 1 0 2 judgment Other 16 ~ 3 2 0 0 11 Total 59 ~ 17 4 1 0 37

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 99

3. Cases stated

Cases Stated : Court Of Appeal Received Orders made Circuit Court to Court of Appeal 2 1 High Court to Court of Appeal 0 0 Military Judge to Court of Appeal 0 0 Total 2 1

4. Additional matters

Additional Matters : Court Of Appeal 2020 2019 Motions listed before the Court 148 199 Appeals from appellants in person 66 (24%) 156 (29%) Applications for directions in Article 0 0 64 appeals Written judgments delivered 374 154 Length of appeal hearing: • One day or less 434 572 • Greater than one day but less 5 2 than two days • Two days or more 21 3

Delivering excellent services to court users; working in partnership 2020 2030

100 | Courts Service Annual Report 2020

Court of Appeal: Criminal

The Court of Appeal deals with appeals from the Circuit Court, Central Criminal Court and Special Criminal Court. Hearing dates are allocated during the subsequent legal term to the majority of cases included in the List to Fix Dates held once a term. Appeals are actively managed on a weekly basis by the judge assigned to management of criminal lists to ensure that cases are dealt with as efﬁ ciently as possible and delays in cases progressing to the List to Fix Dates due to procedural issues arising are kept to a minimum. Applications for priority may be made at the weekly management list. Civil appeals with a custody/criminal element (bail, Article 40/habeas corpus, judicial review and extradition) were accommodated as required without impacting on the waiting time for criminal appeals. Having regard to the ongoing pressure on the civil list some civil appeals with no custody element but which required a priority hearing and could not be accommodated in the civil list within the necessary timeframe were also transferred to the criminal list for hearing. The Covid-19 Pandemic and the restrictions imposed as a result made 2020 a challenging year for the Court of Appeal both Civil and Criminal and through the use of technology and dedication of staff this challenge was met and Appeals continued to be determined throughout the year. There were 260 appeals in respect of 1,405 offences lodged in the Court of Appeal (Criminal) in 2020. Comparable ﬁ gures in 2019 were 282 appeals in respect of 1,440 offences. The Court disposed of 367 appeals in respect of 1,719 offences (344 appeals in respect of 1,003 offences in 2019).

Appeals: Criminal Pending at Incoming Resolved Pending 01/01 In court Out of court at 31/12 Determined Withdrawn Withdrawn

505 260 367* 150 55 398

*including withdrawn

Court of origin Appeals Percentage of appeals 2020 2019 2020 2019 Central Criminal Court 39 45 15% 16% Circuit Criminal Court 215 221 83% 78% Special Criminal Court 6 16 2% 6% Total 260 282 100% 100%

Appeals: Criminal Court of origin Conviction Sentence Sentence Other Total (severity) (leniency) Central Criminal Court 34 16 8 2 59 Circuit Criminal Court 44 199 38 9 290 Special Criminal Court 12 1 4 0 17 Total 90 216 50 11 367

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 101

Appeals - Incoming (By Court Of Origin) : Court Of Appeal Categories (by offence) Incoming Total Central Circuit Special Criminal Criminal Criminal Court Court Court Assault 2 72 0 74 Drugs/Misuse of Drugs 0 36 0 36 Firearms/weapon/possession of 0 19 7 26 explosives/ ammunition Manslaughter 0 1 0 1 Murder 12 0 1 13 Public Order 0 9 0 9 Rape 131 0 0 131 Road Trafﬁ c 0 30 0 30 Sexual Offences 142 299 0 441 Theft/Fraud/Robbery 2 514 0 516 Other 12 114 2 128 Total 301 1,094 10 1,405

Appeals : Outcomes : Court Of Appeal Categories (by offence) Resolved Total Central Circuit Special Criminal Criminal Criminal Court Court Court Assault 2 86 0 88 Drugs/Misuse of Drugs 0 66 1 67 Firearms/weapon/possession of 1 30 5 36 explosives/ammunition Manslaughter 2 0 0 2 Murder 9 0 2 11 Public Order 0 6 0 6 Rape 268 0 0 268 Road Trafﬁ c 0 46 0 46 Sexual Offences 298 298 0 596 Theft/Fraud/Robbery 4 352 0 356 Other 5 222 16 243 Total 589 1,106 24 1,719

Delivering excellent services to court users; working in partnership 2020 2030

102 | Courts Service Annual Report 2020

Appeals - Resolved (By Offence) : Court Of Appeal Categories Resolved (by offence) Conviction Sentence Conviction Sentence DPP MC* Other Total (severity) and (leniency) (dismissal) Sentence Assault 2 53 7 25 0 0 1 88 Drugs/Misuse 3 50 6 6 0 0 2 67 of Drugs Firearms/ 6 22 5 3 0 0 0 36 weapon/ possession of explosives/ ammunition Manslaughter 1 1 0 0 0 0 0 2 Murder 8 0 1 1 0 0 1 11 Public Order 0 6 0 0 0 0 0 6 Rape 15 118 60 74 0 0 1 268 Road Trafﬁ c 0 36 1 9 0 0 0 46 Sexual 90 157 162 155 0 0 32 596 Offences Theft/Fraud/ 6 315 13 16 0 0 6 356 Robbery Other 16 97 82 21 0 0 27 243 Total 147 855 337 310 0 0 70 1,719

* miscarriage of justice

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 103

Supreme Court

The Supreme Court is the court of ﬁ nal appeal in civil and criminal matters. Appeals may be made only where the court grants permission in limited circumstances as set out in the Constitution. The court therefore concentrates on cases raising important constitutional and legal questions that have far reaching consequences for individuals and have systemic implications for the administration of justice as a whole.

Since the new jurisdiction of the Supreme Court came into force in 2014, the Court has resolved 927 applications for leave to appeal. Figures compiled by the Supreme Court Offi ce indicate that, in 2020, the Court determined 158 applications for leave to appeal. The Court granted leave in respect of 40 applications (25%) and refused leave in relation to 111 applications (70%). While this fi gure is a 14% overall increase in applications for leave to appeal since 2015, 2020 is the fi rst year in which there has been a decrease in such applications, with 36% fewer determined in 2020 compared to 2019. This may be explained by the effect of the restrictions associated with COVID-19 in all of the courts, and in particular the knock on effect of the disposal of fewer cases in the High Court and the Court of Appeal on the number of applications for leave to appeal brought to the Supreme Court. There was also a sharp decrease in the number of incoming applications for leave to appeal from the High Court. This may be explained by the greater impact of COVID-19 restrictions on the High Court as a trial court. The Supreme Court disposed of 65 ‘full’ appeals in 2020. Fifty fi ve of those were ‘new’ appeals which were brought under the jurisdiction of the Court which came into force with the establishment of the Court of Appeal in 2014. Despite the decrease in the number of applications for leave to appeal this year, the Court dealt with only fi ve fewer new jurisdiction appeals. Eight of the full appeals were ‘legacy appeals’ under the previous jurisdiction of the court, which were still in the system due to procedural issues. Only two full appeals were so- called ‘Article 64’ appeals which were transferred to the Supreme Court from the Court of Appeal.

Incoming: Origin Of Applications For Leave To Appeal 2020 2019 High Court to Supreme Court 37 98 Court of Appeal to Supreme Court 105 131 Total 142 229

Overview : Supreme Court Pending 01/01 Incoming Resolved Pending 31/12 Applications for leave Applications for leave Applications for leave Applications for leave Criminal Civil Total Criminal Civil Total Criminal Civil Total Criminal Civil Total 12 62 74 33 109 142 34 124 158 11 47 58

Appeals (legacy) Appeals (legacy)* Appeals (legacy) Appeals (legacy) Criminal Civil Total Criminal Civil Total Criminal Civil Total Criminal Civil Total 4 31 35 0 0 0 0 8 8 4 23 27

Delivering excellent services to court users; working in partnership 2020 2030

104 | Courts Service Annual Report 2020

Overview : Supreme Court (Continued) Appeals (current) Appeals (current) Appeals (current) Appeals (current) Criminal Civil Total Criminal Civil Total Criminal Civil Total Criminal Civil Total 9 68 77 11 29 40 9 48 57 11 49 60

Total cases Total cases Total cases Total cases Criminal Civil Total Criminal Civil Total Criminal Civil Total Criminal Civil Total 25 161 186 44 138 182 43 180 223 26 119 145

*transferred back from Court of Appeal

Other Matters : Supreme Court 2020 2019 Motions listed before the court 9 9 Reserved judgments delivered 89 131 Applications for leave to appeal from appellants in person 52 66 • One day or less 53 126 • Two days or more 15 14 Commissioners for Oaths appointed 26 27 Notaries Public appointed 11 33 Case analysis 1. Cases appealed (from ﬁ rst instance courts)

Civil : Cases Appealed (From First Instance Courts) High Court to Supreme High Court to Court of Circuit Court to High Court Court Appeal 2020 2019 2020 2019 2020 2019 0.21% 0.38% 1.6% 2.07% 1.97% 3.2%

Criminal: Appeals (From First Instance Courts) (By Offence) 2020 2019 Special Criminal Court, Central Criminal Court and Circuit Court 16% 8% to Court of Appeal District Court to Circuit Court 5.5% 6%

2. Applications for leave to appeal/appeals (from second instance courts)

Civil: Court Of Appeal To Supreme Court 2020 2019 Applications for leave to appeal 21% 44% Appeals after leave granted 7% 12%

Criminal : Court Of Appeal To Supreme Court 2020 2019 Applications for leave to appeal 9% 11% Appeals after leave granted 3% 3.5%

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 105

3. Average length of proceedings - ﬁ rst instance courts

Civil : In Days - From Issue To Disposal High Court Circuit Court District Court 2020 2019 2020 2019 2020 2019 All 660 785 740* 725 * 150 144 Employment 398 108 1,169 874 n/a n/a (dismissal) Divorce 912 1,064 379 388 n/a n/a Commercial 427 539 n/a n/a n/a n/a Personal Injury 1,183 974 - - - - Judicial review 315 392 n/a n/a n/a n/a

*excludes licensing n/a = not applicable

Criminal: In Days - From Issue To Disposal - By Offence : District Court Summary Indictable dealt with Return for trial summarily 2020 2019 2020 2019 2020 2019 310 277 359 375 107 95

Summary: time from issue of summons to disposal of offence in the District Court Indictable dealt with summarily: time from lodgement of charge sheet to disposal of offence in the District Court Return for trial: time from lodgement of charge sheet to transfer of offence to higher court for trial.

Criminal: Circuit Court - Average Length In Days * 2020 2019 All 499 672

* time from receipt of return for trial in Circuit Court to ﬁ nal order

Criminal: Central Criminal Court - Average Length In Days * 2020 2019 All 506 487

* time from receipt of return for trial to ﬁ nal order

Criminal: Special Criminal Court - Average Length In Days * 2020 2019 All 295 506

* time from receipt of charge sheet to ﬁ nal order

Delivering excellent services to court users; working in partnership 2020 2030

106 | Courts Service Annual Report 2020

4. Average length of proceedings (in days) (from issue to disposal) (second instance courts)

Civil: Court Of Appeal –Appeals* 2020 2019 All (new appeals and Article 64 appeals) 579 days 1,220 days*

* time from issue of notice of appeal to ﬁ nal order

Criminal : Court Of Appeal - Appeals* 2020 2019 All 371 days 705 days

* time from issue of notice of appeal to ﬁ nal order

5. Average length of proceedings (in days) (from issue to disposal) (highest instance courts)

Supreme Court 2020 2019 Legacy All (issue to disposal) 2,513 2936 Certiﬁ ed (from certiﬁ cation date to disposal) 1,109 2,177 Priority (from priority date to disposal) n/a n/a Application for Leave Determined (issue to determination date) 159 153 Application for Leave Determined (from papers being ready to 36 30 determination)

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 107

Waiting times District Court – criminal, civil and family Criminal: Waiting Time Summons: The time from receipt of summons application to scheduled date for hearing. There is an agreement with An Garda Síochána as part of Criminal Justice Interoperability Project that a period of 12-14 weeks will be allowed between the issuing of a summons and the fi rst court date to allow time for service of the summons. The waiting times for criminal summonses generally refl ect this agreement. Summonses may not be disposed on the fi rst scheduled hearing date. Charge sheets: The time from receipt of a charge sheet to the fi rst court date. Charge sheet cases are initially listed before the court usually within a day of the person being charged by An Garda Síochána. The fi rst listing may not be the date of the hearing of the matter as the court may adjourn/ postpone the hearing for a variety of reasons. The time between the fi rst appearance before the court and the fi nal disposal of the case is outside the control of the Courts Service.

Civil: Waiting Time Applications: The time from receipt of application to date when application is listed for hearing. This may not be the date that the matter is disposed of. A waiting time of up to 12 weeks is maintained in most ofﬁ ces with no waiting times of more than six months in recent years.

Family : Waiting Time Applications: The time from receipt of application to date when application is listed for hearing. This may not be the date that the matter is disposed of. Emergency domestic violence applications are dealt with on the date of ﬁ rst application to the court. In the majority of District Court Districts, waiting time for the hearing of these applications have not increased despite an ongoing increase in the volume and complexity of cases. Cases are listed for hearing in most instances within four to eight weeks of the date of the initial application.

Delivering excellent services to court users; working in partnership 2020 2030

108 | Courts Service Annual Report 2020

District Court: Waiting Times Shown In Weeks (Unless Otherwise Stated) As At 31 December Ofﬁ ce Criminal Civil Family Law Summonses Charge Applications Domestic Maintenance sheets violence /guardianship applications * applications 1 2 3 4 5 Athlone 20 -22 Next Sitting 4 Next Sitting 20 -22 Ballina 20 -22 Next Sitting 24 4 20 -22 Bray 20 -22 Next Sitting 6 10 20 -22 Carlow 20 -22 Next Sitting 6 10 20 -22 Carrick-on- 20 -22 Next Sitting 4-8 Next sitting 20 -22 Shannon Castlebar 20 -22 Next Sitting 24 3 20 -22 Cavan 20 -22 Next Sitting Next Sitting 12 20 -22 Clonakilty 20 -22 Next Sitting 4 1 20 -22 Clonmel 20 -22 Next Sitting 10 6-8 20 -22 Cork 20 -22 Next Sitting 20 20 20 -22 Donegal 20 -22 Next Sitting 12 1 20 -22 Dublin 20 -22 Next Sitting 20 26 20 -22 Dundalk 20 -22 Next Sitting 4-6 4-8 (next 20 -22 sittings) Ennis 20 -22 Next Sitting 8 to 52 6 20 -22 Galway 20 -22 Next Sitting 16 8 20 -22 Kilkenny 20 -22 Next Sitting 12 to 16 1 20 -22 Letterkenny 20 -22 Next Sitting 8 Next Sitting 20 -22 Limerick 20 -22 Next Sitting 20 4 20 -22 Longford 20 -22 Next Sitting 4-8 Next sitting 20 -22 Loughrea 20 -22 Next Sitting 26 Next sitting 20 -22 Mallow 20 -22 Next Sitting 6-8 Next sitting 20 -22 Monaghan 20 -22 Next Sitting 16 0 20 -22 Mullingar 20 -22 Next Sitting 4 Next Sitting 20 -22 Naas 20 -22 Next Sitting 16 4 20 -22 Nenagh 20 -22 Next Sitting 16 8 20 -22 Portlaoise 20 -22 Next Sitting 16 12 20 -22 Roscommon 20 -22 Next Sitting Next Sitting Next Sitting 20 -22 Sligo 20 -22 Next Sitting 8 1 20 -22 Tralee 20 -22 Next Sitting 24 5 20 -22 Trim 20 -22 Next Sitting 8-10 8-10 20 -22 Tullamore 20 -22 Next Sitting 20 32 20 -22 Waterford 20 -22 Next Sitting 24 4 20 -22 Wexford 20 -22 Next Sitting 34 Next Sitting 20 -22 Youghal 20 -22 Next Sitting 6 Next sitting 20 -22

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 109

* Urgent interim applications are dealt with immediately i.e. on next sitting day in every District (1) Time from scheduling of summons application to scheduled date for hearing. Covid-19 restrictions require controlled summons scheduling to ensure social distancing can be managed in Courtrooms (2) Time from receipt of charge sheet to ﬁ rst court date (3) Time from receipt of application to date when it is actually heard - not just listed for adjourning or ﬁ xing a date (4) Time from receipt of application to listing for hearing in domestic violence matters (5) As (4) but for other family law applications

Circuit Court – criminal, civil and family

Criminal Waiting times for criminal cases vary, depending on whether the accused is on bail or in custody; on whether the plea is ‘guilty’ or ‘not guilty’; on whether the trial is scheduled to last two days or two weeks. In most Circuit Courts outside Dublin, the majority of guilty pleas will be dealt with at the next criminal session – making the waiting time approximately three months. Defendants who are in custody take precedence so their trials are dealt with ﬁ rst, followed by trials of those who are on bail. Waiting times in Dublin Circuit Court have been impacted in recent years by the number of so- called ‘white collar’ cases taken by the State in the wake of the ﬁ nancial collapse that followed the global recession in 2008. The complicated nature of the evidence in these cases together with the number of witnesses called and the additional legal argument required has lengthened the trials with a resulting impact on the number of trial courts available for other cases. Measures introduced to address this situation include the allocation of the additional judges (subject to the availability of courtrooms) and the listing of only one long trial at any one time.

Nature Of Matter Waiting Time Trials The time from receipt of return for trial to hearing date of trial Sentences The time from receipt of return for trial to sentence hearing (where plea of guilty entered) Appeals The time from receipt of District Court appeal to date of appeal hearing

Delivering excellent services to court users; working in partnership 2020 2030

110 | Courts Service Annual Report 2020

Civil Waiting times for civil cases vary with precedence given to criminal and family law cases where resources are limited. The nature of civil business has changed in recent years with fewer short cases and an increase in longer contested cases. Waiting times for longer cases tend to be longer than for so-called ‘ordinary’ cases and can distort waiting times. Some longer cases are dealt with by the allocation of additional sittings to the circuit.

Nature Of Matter Waiting Time Trials The time from receipt of notice of trial to hearing date Appeals The time from receipt of District Court appeal to date of appeal hearing

Family Waiting times are generally less than those for civil cases due to the priority afforded to family law cases. In most circuits, consent matters are heard in the ‘next session’ (a waiting time of three months or less). Additional sittings are arranged for long cases.

Nature Of Matter Waiting Time Cases The time from receipt of notice of trial/notice of motion to hearing date Appeals The time from receipt of District Court appeal to date of appeal hearing

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 111

Circuit Court: Waiting Times Shown In Months (Unless Otherwise Stated) As At 31 December Ofﬁ ce Criminal Civil Family Law Trials Sentences Appeals Trials Appeals Contested Non- Appeals cases contested cases 1 2 3 4 5 6 7 8 Carlow 9 3 12 9 6 6 3 6 Carrick on 9-12 Next Next 3-6 3-6 6 Next Next Shannon sitting sitting sitting sitting Castlebar 4 4 4 3 3 3 3 3 Cavan 12 6 18 24 18-24 24 3 12-18 Clonmel 18-24 3-9 6-12 6-12 3-6 6-12 0-3 3-6 Cork 6 next sitting 6 12-15 12-15 6-9 3-6 6-9 Dublin 20 1 3 10-12 10-12 5-6 1 2-3 Dundalk 18-24 6 6-12 12-18 6-12 9-12 3-6 6-12 Ennis 18 6 6 6-9 9 6 6 6-7 Galway 24 3 3 3 3 3 3 3 Kilkenny 12-18 6 6 6 6 9 next 06-09 sitting Letterkenny 12-18 6 12 12-18 12-18 9 next 9 sitting Limerick 20 15 6 18 6 6 next 6 sitting Longford 18-24 3-6 3-6 18-24 0-4 6-9 0-4 Next 0-4 Next Next sitting sitting sitting Monaghan 36 9 12 24 6 12 6 6 Mullingar 11 7 3 11 11 9 9 9 Naas 18 3 6 18 Next 18 Next F/ Next Sitting Law sitting sitting Portlaoise 18 6 6 12 3 12 3 3 Roscommon 6 3 3 6 6 6 3 3 Sligo 17 -24 9 6 12 6 12 6 6 Tralee 24 9 12 9 6 9 4 6 Trim 24 1-3 4 18-24 6 18-24 3-6 6-9 Tullamore 18-24 Next Next 9-12 6 9-12 6 6 sitting sitting Waterford 9-12 6-9 3 9 9 9 3 9 Wexford 24 Next Next 16 Next 12 Next Next Sitting Sitting Sitting Sitting Sitting Wicklow 12 6 12 6 12 12 3 12

Delivering excellent services to court users; working in partnership 2020 2030

112 | Courts Service Annual Report 2020

(1) Time from receipt of return for trial to hearing date of trial (2) Time from receipt of return for trial to sentence hearing where plea of guilty entered (3), (5), (8) Time from receipt of District Court Appeal to date of appeal hearing (4) Time from receipt of notice of trial to hearing date (6) Time from receipt of notice of trial/notice of motion to listing for hearing in contested matter (7) As (6) but for uncontested matters Details of the sittings of the Circuit Court are available on the website of the Service (www.courts.ie).

High Court – civil and family

High Court: Personal Injury Waiting time: Dublin The High Court tries personal injury cases in Dublin every week during court sittings. Cases that are ready for hearing can obtain a date within four weeks Waiting time in other venues The High Court tries personal injury cases for a limited number of weeks in each of the venues below. The time from when a case is set down for trial to the date on which it is listed in the selected venue is shown below in months for each venue Venue 2020 2019 Cork 24 months 17 months Galway 2 months 2 months Kilkenny/Waterford 7 months 7 months Limerick 36 months 25 months Sligo 12 months 5 months

High Court: Insolvency (Corporate) Nature of Waiting time 2020 2019 application Applications to The time from the issue of a petition to the Date Date appoint examiner allocation of the ﬁ rst return date before immediately immediately the High Court available available Applications to The time from the issue of a petition to the 3 weeks 3 weeks wind up company allocation of the ﬁ rst return date before the High Court

High Court: Other Corporate Applications Nature of Waiting time 2020 2019 application Restrict directors The time from the issue of a notice of 4 weeks 4 weeks motion to the ﬁ rst return date before the High Court

Delivering excellent services to court users; working in partnership 2020 2030

The year in numbers | 113

High Court: Insolvency (Personal) Nature of Waiting time 2020 2019 application Applications to The time from the issue of a summons/ Date Date issue summons petition to the ﬁ rst return date before the immediately immediately High Court available available Applications for The time from the issue of a summons/ Date Date adjudication petition to the ﬁ rst return date before the immediately immediately High Court available available

High Court: Commercial List (Proceedings Defi ned In Order 63a Rule 1 Rules Of The Superior Courts) Nature of Waiting time 2020 2019 application Liberty to enter The time from the issue of a summons to Date Date list (motion) the fi rst return date before the High Court immediately immediately available available Full hearing The time from the fi rst return date to the 2 week to 1 week to date of the full hearing 9 months 6 months depending on depending on time required time required for a hearing for a hearing

High Court: Competition List Nature of Waiting time 2020 2019 application Monday motion The time from the issue of a notice of 3 weeks 3 weeks list motion to the ﬁ rst return date before the High Court

High Court: Possession Nature of Waiting time 2020 2019 application Special summons The time from the issue of a summons to 4 weeks up 4 weeks for possession the ﬁ rst return date before the Master of to the time the High Court the court was suspended in March 2020. Full hearing The time from the date of transfer from 3 weeks up 3 weeks the Master’s Court to the ﬁ rst return date to the time before the High Court the court was suspended in March 2020.

Delivering excellent services to court users; working in partnership 2020 2030

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High Court: Mortgage Suits Nature of Waiting time 2020 2019 application Special summons The time from the issue of a summons to 4 weeks up 4 weeks for well charging the ﬁ rst return date before the Master of to the time order the High Court the court was suspended in March 2020. Full hearing The time from the date of transfer from 3 weeks up 3 weeks the Master’s Court to the ﬁ rst return date to the time before the High Court the court was suspended in March 2020.

High Court: Non-Jury (Breach Of Contract, Professional Negligence, Debt Collection) Nature of Waiting time 2020 2019 application Miscellaneous The time between listing in the common 13 weeks 9 weeks (motions that law list and hearing in the non-jury List require more time than they can be given in the Monday list) Full hearing – The time from when a case is certiﬁ ed 7 months 5 months cases less than ready for hearing to the allocation of the one week in ﬁ rst date for hearing before the High Court duration Full hearing – As above 7 months 5 months cases more than one week in duration

High Court: Appeals From The Circuit Court Nature of application Waiting time 2020 2019 Full hearing - cases less The time from the lodgement The time from the lodgement than one week in duration of the books of appeal to the of the books of appeal to the allocation of the ﬁ rst date for allocation of the ﬁ rst date for hearing before the High Court hearing before the High Court Full hearing - cases more As above As above than one week in duration

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High Court: Judicial Review: Asylum Related Nature of application Waiting time 2020 2019 Pre-leave Date immediately available Date immediately available Post leave 4 months 2 months

High Court: Judicial Review: Other Nature of application Waiting time 2020 2019 Pre-leave 2 months Application made ex parte on any Monday Post leave 2 months 2 months

High Court: Jury (Defamation; False Imprisonment; Assault) Waiting time 2020 2019 The time from when a case is certiﬁ ed ready for hearing 14 months 12 months to the allocation of the ﬁ rst date for hearing before the High Court

High Court: Garda Compensation Act Nature of application Waiting time 2020 2019 Special summons The time from the issue of a summons to the 4 weeks 4 weeks ﬁ rst return date before the Master of the High Court Full hearing The time from the date of transfer from the 4 weeks 5 weeks Master’s Court to the ﬁ rst return date before the High Court

High Court: Proceeds Of Crime Act Waiting time 2020 2019 The time from receipt of application to hearing Date immediately Date immediately available available

High Court: Master’s Court Nature of application Waiting time 2020 2019 Motions The time from the issue of a notice of Date 4 weeks motion to the ﬁ rst return date before immediately the Master available

High Court: Common Law Motions Waiting time 2020 2019 The time from the issue of a notice of motion to the ﬁ rst 7 weeks 5 weeks return date before the High Court

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High Court: Family Nature of application Waiting time 2020 2019 Urgent applications Within 2 weeks Within 2 weeks Non-contested cases Within 2 weeks Within 2 weeks Contested cases Within 4 months Within 2 months Applications under Hague Case must be dealt with within Case must be dealt with within Luxembourg Convention 6 weeks 6 weeks Appeals from Circuit Court Within 2 months Within 2 months

High Court – Criminal

High Court – Central Criminal Court Murder and rape trials (Central The time from the ﬁ rst listing of a case before the Central Criminal Court) Criminal Court on return for trial from the District Court, to the trial date Bail applications The date from the issue of a notice of motion to the date the matter is ﬁ rst listed before the High Court 2020* 2019 Murder and rape trials 10 Months 14 months Bail Date immediately available Date immediately available

* Time from receipt of return for trial to the date ﬁ xed for trial (earlier dates for trial are made available for trials involving child and other vulnerable witnesses)

Waiting time: 2020 2019 The time from when a charge sheet is received to the trial 10 Months 12 months date

Court Of Appeal - Civil

Waiting time: The time from when an appeal is entered into the court list to the date of hearing 2020 2019 Appeals* 25 weeks 60 weeks Fast tracked short appeals** 3 weeks 4 weeks

* appeals requiring more than two hours **depends on time available

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Court Of Appeal - Criminal

Waiting time: The time from when an appeal is entered into the court list to the date of hearing 2020 2019 Appeals 20 weeks 20 weeks Article 40/habeas corpus 3 weeks 4 weeks (or less) appeals European Arrest Warrant / During the subsequent legal During the subsequent legal Judicial Review appeals term (if no time available term (if no time available within the current legal term) within the current legal term)

Supreme Court

There has been a signifi cant reduction in applications for leave to appeal fi led during 2020 (38% approx.) due to the effects of the pandemic including the impact on the level business transacted in the High Court and in the Court of Appeal. Application for leave may be fi led from both jurisdictions. Growth in excess of 10% in applications fi led year on year had been experienced prior to the pandemic. One of the additional challenges for the Offi ce in 2021 will likely be responding as business returns to expected levels later in the year. At year end all scheduled hearings have taken place and no backlog has been allowed to develop. Applications where leave is granted in the current term can expect an appeal hearing date in the following term.

Nature of application Waiting time 2020 2019 Applications for leave The time from the ﬁ ling of complete 5 weeks 4 weeks to appeal documentation to the determination of the application Appeals The time from the determination of the 21 weeks 55 weeks leave application to the disposal of the appeal

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Chapter 4

Governance and Transparency

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Governance and Transparency

Governance can be described as the set of responsibilities, practices, policies and procedures that provide strategic direction to an organisation and help it realise the intended outcomes for members of the public, manage risks and use its resources in an effective, efﬁ cient and ethical manner.

The Courts Service continues to have strong commercial State bodies. It concerns both governance arrangements at organisational the internal practices of the State bodies and and Board level. The arrangements have their external relations with Government, regard to the legislative framework set out the relevant Minister under whose aegis in the Courts Service Act 1998, the Code they fall, the Minister for Public Expenditure of Practice for the Governance of State and Reform and their respective parent Bodies (CPGSB), and developments in the Departments. Civil Service Renewal Plan and the Civil The revised and updated code, introduced in Service Code of Standards of Behaviour. 2016, placed additional obligations on State The governance arrangements in the Courts bodies. It placed signifi cant emphasis on the Service are benchmarked against the responsibility and accountability of Board principles developed by the Department of members, the role of management and the Public Expenditure and Reform (DPER) to importance of the Audit & Risk Committee in ensure they are effective and robust. the governance of State bodies. The Courts Corporate Governance Standard Service duly put additional governance arrangements in place, both in relation to the for the Civil Service Board and the Audit and Risk Committee, to Published in December 2018 by DPER, the enhance the governance of the organisation. Corporate Governance Standard for the Civil Service is to be used by each department The Chief Executive provides an annual and offi ce to guide the development of report on behalf of the Board to the their individual governance frameworks. Minister for Justice providing assurance on These individual frameworks are to set compliance with the code. The report for out the relevant statutory framework; the 2020 was fi nalised in June. organisational structure; the governance systems in place; the accountability, Agency Framework Agreement audit and assurance arrangements; and between the Courts Service and information on strategic and business the Department of Justice planning processes. In accordance with best corporate governance practice and the requirements The Courts Service’s framework document of the CPGSB, the Courts Service and the is in line with the Corporate Governance Department of Justice signed a three-year Standard. It sets out the statutory basis oversight agreement in 2020 to cover the for the organisation, as well as providing period to 2020 -2022. This agreement is information on its structure, the roles of supported by annual performance delivery the Board and its Committees, the roles agreements. The agreements aim to and responsibilities of the Chief Executive enhance the working relationship between and Senior Management Team and the the Courts Service and the Department governance and accountability/assurance and to support the organisation in carrying arrangements in place. out its functions. The agreements refl ect Code of Practice for the and respect the status of the Courts Service as an independent State agency Governance of State Bodies governed by its Board. They encompass (CPGSB) all of the legal and other obligations facing The CPGSB provides a framework for the the organisation, as well as providing the application of best practice in corporate necessary accountability and oversight for governance by both commercial and non- the Minister.

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Organisation Overview

Courts Service Board The Board also considered, approved or noted other reports including the Strategic The Courts Service is governed by a Board Business Case for the Modernisation consisting of a Chairperson and 17 other Programme. The Board approves proposals members. The Board is responsible for for contracts and arrangements, including determining policies for the Courts Service the acquisition or disposal of any interest and for overseeing their implementation. in land or property with a value in excess It performs these functions directly and of €5m; leases for periods in excess of four through the committees of the Board. In years and nine months irrespective of value; accordance with the Courts Service Act, and contracts for consultancy in excess of 1998 the term of offi ce of the Board is three €500,000. In 2020, the Board considered years. The current Board was established on and approved contracts for 9 November 2020. The Procurement of ICT Managed Standing items on the agenda for Board p Services meetings include minutes of meetings and reports considered by committees of the p Investment advisory services. Board, fi nancial reports, reports from the Chief Executive, reports from the Chief Risk Disclosures of Confl ict of Interest Offi cer and Head of Corporate Services, & Declaration of Interest and details of all new contracts entered into Prior to the consideration of any by the Courts Service and recorded on the procurement proposals by the Board or contract register. committees of the Board, the Chairperson, as a matter of good governance, requests The Board monitors the implementation that any member who considers that they of the Courts Service Strategic Plan and have an interest which might represent a provides strategic direction to the executive. confl ict in their consideration of the proposal, It also approves an annual corporate absent themselves from discussion on business plan which it reviews twice yearly the matter. The minutes record any such with performance assessed by reference declarations or abstentions. In accordance to the Strategic Plan. The Board approves with the requirements of the CPGSB the the annual budget for the organisation Board also makes periodic disclosure of and at each meeting considers reports on interests which they, or a family member, budgets and expenditure. Annual corporate may hold which could represent a confl ict of documents considered or approved by the interest for them in their role as members of Board in 2020 included: the Board.

Corporate Strategic Plan 2021 - 2023 Board Meetings Corporate Business Plan 2020 The Board receives regular reports from Risk Management Policy for 2020 the Chief Executive Ofﬁ cer on the operation Annual Report of the Audit & Risk of the Courts Service, the implementation Committee 2020 of Board policy, the implementation of the annual Corporate Business Plan, Annual Budget 2020 expenditure and budgetary matters and Annual return to Minister for Justice under other relevant issues and/ or developments. the CPGSB At every meeting, the Board also receives The Courts Service Covid – 19 Business reports in relation to the implementation of Response Plan risk management systems.

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During 2020 the Board considered the Meetings of Committees of the Courts Service Strategic Vision 2030, to Board cover the next 10 years; the development of a Family Law complex at Hammond Lane; Audit 27 January, 23 March, the redevelopment of the Courts Service and Risk 27 April, 5 May, website; the transition to the new Assisted Committee 15 June, 12 October and Decision Making regime and the corporate 30 November response to the Covid-19 pandemic. Building 30 January, Committee 11 March, 8 October, The Board held meetings on 3 February, 12 November, 28 April, 22 June, 20 October, 2 November 10 December and 7 December with an overall attendance Family This Committee has been rate of 89%. Information on individual Law Court repurposed and is due to attendance at Board meetings is in the Development reconvene in 2021 schedule at the end of this chapter. Committee Four committees supported the Board in Finance 3 February, 2 April, its work in 2020: the Finance Committee; Committee 21 April, 15 June, the Audit and Risk Committee; the Building 12 October and Committee; and the Family Law Court 30 November Development Committee (see Chapter 1: Modernisation 10 February, 27 April, About the Courts Service for membership Committee 10 June, 30 October, details). In addition, in February 2020, the 30 November and Modernisation Committee was established 17 December to lead the Modernisation Programme and to ensure that the executive is held to account An annual fee is payable to non-judicial for delivery of the programme outcomes. members of the Board (with the exception In October 2020 the Board formally ratiﬁ ed of the Chief Executive Ofﬁ cer) in the sum of the Terms of Reference for a Modernisation €11,970 together with travel and subsistence Committee. Meetings of Committees of the expenses at rates sanctioned by the Board continue to be held in advance of, Department of Finance. In accordance with and close to, the date of Board meetings Department of Finance regulations, fees are where possible, to allow any issues which not paid to Board members who are public require Board consideration to be brought to servants. the attention of the Board without any undue delay. Minutes of meetings of the Board, appropriately redacted, are published on www.courts.ie and on the intranet to provide information on matters considered by the Board and decisions made.

Board Effectiveness Review Demonstrating an ongoing commitment to performing its functions in accordance with best practice governance standards, in 2020, the Courts Service engaged the Institute of Public Administration (IPA) to conduct a review of the effectiveness of the Board and its committees. This review was based on interviews and surveys with Board members, committee members and relevant members of the executive. The

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recommendations were also informed by members and to further develop ongoing the IPA’s assessment of meeting packs, training opportunities, in relevant areas, for background material and the conduct of all committee members. meetings that it observed. The Courts Service Board met on The IPA review found there was a good 2 November 2020 to consider the review mix of skills and experience on each of the and take part in an IPA-led workshop on different committees and that committees the recommendations contained in the are achieving a fair balance between the report. Work on adopting some of the need to support and challenge the executive recommendations commenced in 2021, with in the performance of its duties. Members further progress in this area expected in expressed a high degree of satisfaction with 2021. the timeliness and quality of information that fl ows from the executive. In general, Roles and Responsibilities Committee members were satisfi ed with how meetings are run and commented favourably Chief Executive Offi cer on the quality of both the papers produced The Chief Executive Offi cer is responsible by the executive in advance of meetings for the implementation of policies and staff presentations made during the approved by the Board, and the day-to-day course of their deliberations. The majority management of the staff, administration of respondents felt the committee meetings and business of the Courts Service. She featured good quality debate on key matters, prepares an annual budget for approval by with a high level of input from all those both the Finance Committee and the Board around the table. Similarly, respondents felt with support from the Senior Management that good quality information fl ows from the Team. She provides regular updates to committee to the Board and vice versa. the Board, the Finance Committee, and other Committees of the Board, in regard The review found that each Committee is to the management of the organisation, contributing to the Board’s work in a distinct implementation of policy, progress on way. Where Committees overlap, to a small the strategic plan and the modernisation degree, in their areas of work this is often agenda. unavoidable, such as when the Courts The Chief Executive provides an annual Service’s annual budget is being considered. report on behalf of the Board to the The Board will examine the possibility of Minister for Justice providing assurance on holding joint committee meetings when compliance with the CPGSB. The report areas of overlapping interest arise. In outlines the organisation’s system of internal the areas of Finance and Audit and Risk, controls and confi rms compliance across a respondents felt the respective committees range of headings. In particular, the report are focused on the right issues and are affi rms compliance with: effective in seeking, receiving and giving assurance to the Board. p appropriate procedures for fi nancial reporting, internal audit, travel, Recommendations included reforming the procurement and asset disposals scheduling of and agenda for Committee inclusion of a statement on the system of meetings. In addition, the report identifi ed p internal fi nancial control an opportunity to develop a Skills, Experience and Diversity Matrix as a way p adherence to Codes of Business Conduct of ensuring each committee possess all the for Board members and employees capabilities required for the group to fully p compliance with Government guidelines and effectively execute its functions. The on the payment of Board members’ fees review identifi ed opportunities to improve and induction procedures for new committee p provision of a draft strategic plan to the

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relevant Minister prior to the plan being The Statement of Internal Financial Control fi nalised and adopted by the Board. (SIFC), signed by the Chief Executive Offi cer for the purpose of the Appropriation As Accounting Offi cer, the Chief Executive Account, addresses the internal control Offi cer is also responsible for the signing environment within the Courts Service of the Annual Appropriation Account of the with particular regard to the fi nancial Courts Service together with a Statement control environment, the framework of of Internal Financial Controls providing administration, management reporting and assurance on the internal fi nancial internal control. It includes a statement of control environment operating within the compliance with procurement guidelines and organisation. confi rmation that the Courts Service has an Audit and Risk Committee and Internal Audit Appropriation Account function. The Appropriation Account is the annual The National Shared Services Offi ce fi nancial account of the Courts Service and (NSSO) continues to perform a number is furnished to the Comptroller and Auditor of administrative functions of the Courts General (C&AG) on or before 31 March Service, including payroll, travel and each year. It is compiled on foot of approved subsistence and human resources services. estimates by the Oireachtas and is prepared Furthermore, the Courts Service is a client of by the Chief Executive. An extract from the the Financial Management Shared Service Appropriation Account 2020 submitted to Centre (FMSSC), Killarney. The FMSSC the Comptroller and Auditor General can be provides fi nancial and accounting services found in and other ancillary activities for the Courts Chapter 6: Financial Statements. Service. As part of the Appropriation Account process and for the signing of the SIFC by Internal Financial Control the Chief Executive, the accounting offi cers The Board has overall responsibility for both the NSSO and the FMSSC provide for the internal fi nancial control of the letters of assurance as to the adequacy of Courts Service. It delegates responsibility controls systems in place within the NSSO for monitoring the effectiveness of risk for the provision of shared services to the management and the internal control Courts Service. environment to the Audit and Risk Committee. The Committee receives regular In the case of internal controls, systems can reports from management, the Chief Risk provide only reasonable and not absolute Offi cer, Internal Audit, and external auditors. assurance against material misstatement Such arrangements are designed to manage or loss. Breaches of controls, in particular rather than eliminate the risks facing the instances of fraud or irregularity, must be organisation. brought to the attention of the Comptroller and Auditor General in accordance with The onset of Covid-19 gave rise to a public fi nancial procedures. The Courts number of new challenges in maintaining Service made a nil return in respect of such effective internal controls. In some incidences in 2020. The Courts Service has instances, systems of internal control a policy statement on the prevention and changed as pandemic-related public health detection of fraud with all cases irrespective measures lead to necessary and signifi cant of value being reported to the Head of adjustments in operational practice. In Corporate Services, the Senior Management seeking to understand the impact of any Team, and the Audit and Risk Committee. change to the systems of internal control, the Courts Service was cognisant of the Financial Management C&AG guidance on the potential impacts of The Courts Service is represented on Covid-19 on the control environment. the Financial Management Committee as

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part of the governance arrangement for and experience within the public and private budget management within the Justice sectors. The Committee plays a fundamental Sector. The Committee is comprised of role in ensuring that the Courts Service representatives from the main Justice functions according to good governance, group of votes including, amongst others, accounting and auditing standards and the Department of Justice, An Garda adopts appropriate management and risk Síochána, Prison Service and the Courts arrangements. The Committee held seven Service. It provides for a further level of meetings in 2020 at which it reviewed and assurance to the Department regarding vote considered a wide range of reports including management, adherence to Government the Annual Report of the Audit and Risk fi nancial guidelines and ensuring that value Committee 2019 and the Annual Report of for money is achieved in the expenditure of the Internal Audit Unit for 2019. public funds. Internal Audit Function Budget Management Internal Audit is an independent appraisal The Chief Executive Offi cer and the Senior function whose role is to provide assurance Management Team prepare an annual to the Board, Audit and Risk Committee, budget based on the funding allocation Chief Executive Offi cer and all levels of contained in the annual estimates approved management as to the adequacy and by the Oireachtas. The annual budget is effectiveness of the systems on governance, recommended for approval by the Finance risk and internal controls operating within the Committee to the Board. Day-to-day Courts Service. responsibility for managing expenditure within budgetary limits is assigned to the The Internal Audit Unit operates in Assistant Secretaries responsible for each accordance with an audit charter approved directorate. Budgets are monitored closely by the Board and an annual audit plan with monthly reports furnished to the Senior approved by the Chief Executive Offi cer Management Team. Quarterly fi nancial and the Audit and Risk Committee. In reports are submitted to the Finance carrying out audits, the Unit complies with Committee and the Board. the Institute of Internal Audit Standards, as adapted by the Department of Public Performance budgeting Expenditure and Reform for use in Government Departments. Performance Budgeting forms part of the Published Estimates and attempts All audit reports are submitted directly to the to link funding provided to measurable Chief Executive Offi cer and to the Audit and results. The Courts Service complies with Risk Committee who also receive periodic the performance budgeting format which reports showing progress against the plan. identifi es key outputs, context and impact The Unit completed 12 audits during the indicators. The expanded performance year. budgeting targets for 2020 were set out in the Revised Estimates Volume. External audit Audit and Assurance The Comptroller and Auditor General (C&AG) performs the external audit of voted Arrangements funds. The C&AG’s authority extends to the Audit and Risk Committee audit of public funds and therefore does not The Audit and Risk Committee is chaired include court funds managed by the Courts by a member of the Board and includes Service on behalf of Minors and Wards of a judicial representative from the Court of Court. The audit of court funds managed Appeal, Circuit Court and District Court, and by the Accountant’s Offi ce to fi nancial year members with signifi cant business expertise end 30 September 2020 was carried out by external auditors, Mazars.

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Risk Management deal with the challenges it faces. It sets out The Board has overall responsibility for the major risks facing the Courts Service overseeing the management of risk within together with existing controls and actions the Courts Service. As part of the overall to mitigate them and identifi es owners and operation of good governance, a risk target dates for completion. It also provides management framework continues to be the context through which each Assistant applied on the basis of clearly defi ned roles Secretary prepares risk registers for their and responsibilities at Board, Audit and Risk respective directorates. In particular, the Committee, and at all levels of management. Court Service recognises the importance of cyber security and the impact an adverse The Board recognises that the effective ICT event could have on the operation of management of risk is the responsibility of the courts. The Courts Service continuously all staff of the Courts Service and seeks to reviews its ICT security systems and encourage and promote a culture of risk processes, taking action to further protect management through the operation of a the organisation where appropriate. formal risk management process. The onset of the Covid-19 pandemic in early The key principles of the CPGSB and 2020 resulted in changes to the working and the Risk Management Guidance for control environment with remote and virtual Government Departments and Offi ces working becoming the norm in the Courts have been adopted by the Courts Service. Service. As a front-line service, the primary A risk management policy approved by objective in managing the pandemic was to the Board defi nes the risk appetite of the ensure appropriate measures were in place organisation. This, in turn, is supported by to ensure a safe environment for staff, the risk management aligned to the policy. Judiciary and courts users, while complying with guidance and instruction from National The risk management framework and Public Health Emergency Team and the policy provide for a planned and systematic HSE. approach to identifying and managing a range of risk categories: fi nancial, service In addition to the Corporate Risk Register, delivery, buildings, ICT, people, compliance a Covid-19 Recovery Risk register was also and governance, and reform. The Chief prepared and presented to the Board. This Risk Offi cer is a member of the Senior register identifi ed pandemic-related risks in Management Team and reports directly all major operational categories—including to the Audit and Risk Committee and the Finance, Service Delivery, Buildings and Board. Risks are identifi ed at corporate People—and ensured mitigating actions and business unit level and managed were adopted in response to identifi ed risks. accordingly by assigning responsibility to the The Covid-19 Recovery Risk register was relevant directorate and offi ce manager. subject to the same consistent review and update approach taken with the Corporate The Courts Service maintains a corporate Risk Register. risk register that is reviewed regularly by the Chief Executive Offi cer, Senior Management Protected Disclosures Act 2014 Team, Audit and Risk Committee and The Board maintains a role in relation to the Board. The Corporate Risk Register oversight of the operation of the policy of is refreshed at the start of each year. the Courts Service under the Protected Strategic Risks are rated based on their Disclosures Act 2014. impact and likelihood of occurrence, with new and emerging risks being added as Provision of information to they arise. The Register is linked to the annual business planning process and is a members of the Oireachtas key document in enabling the organisation The Courts Service continues to comply

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with the standards and principles set The Offi ce of the CEO (OCEO) out in the Protocol for the Provision of In February 2020, a Courts Service wide Information to Members of the Oireachtas Contingency Planning Group was formed by State Bodies under the aegis of and coordinated by the OCEO to begin the Government Departments/ Offi ces. During process of developing contingency plans, in 2020 the Courts Service complied with the event of the Covid-19 Virus coming to target deadlines and standards in terms Ireland. The OCEO sent out communications of acknowledgements and substantives to all managers regarding information from responses to queries. the HSE and advising them to meet with staff and ensure Business Continuity plans Procurement were updated. Links to useful posters that The Courts Service seeks to comply with could be downloaded and printed were also the principle of competitive tendering circulated. in respect of its expenditure for works, supplies and service contracts. The Public This was the start of a year-long series of Procurement Guidelines provide direction integrated projects across the organisation for all procurement policy activity of the to keep courts up and running insofar as organisation. They ensure the objectives humanly possible – all the time emphasising and key principles of competition, equality safety fi rst. of treatment and transparency, which underpin national and EU rules, are The Contingency Planning Group continued complied with and observed. Procurement to meet and information, updates and advice within the Courts Service is informed by the from these meetings were sent to all staff Offi ce of Government Procurement public through the OCEO. The Offi ce also fi elded procurement guidelines for goods and numerous questions and queries from a services. variety of Court users on how prepared the Courts Service was in the event of an The Courts Service avails of centralised outbreak of Covid-19 in any of its buildings. managed contracts put in place by the As the pandemic took hold, the OCEO Offi ce of Government Procurement and continued to forward updates from The continues to engage with the Offi ce for Government, the HSE and other Agencies advice on current and future procurement as well as guidance and support from the requirements. CEO. The OCEO and the Judicial Support Unit worked together in the response to Responsibility for procurement is devolved Covid-19 and took on the responsibility of to each Assistant Secretary responsible for ensuring the Covid-19 protocols were in their directorate, with the Corporate Services place and adhered to in our own offi ce and Directorate taking a lead co-ordination role in messaging to all other offi ces. in promoting awareness of obligations at both national and EU level. The Directorate Together they also took on the task of provides training for staff, maintains a compiling information on how work in the contract register and a procurement plan, Courts Service was being organised, where and monitors the expenditure subject to work has increased or decreased, and which the procurement process. The annual staff had capacity to help in other areas as procurement plan is approved by the Senior demands increased in court support offi ces. Management Team (SMT). The information compiled was reported to the SMT who were then in a position of During 2020, the Courts Service entered into knowing where and when staff were working 14 new contracts across all directorates for on any given week, thus enabling the SMT services including facilities management, to redeploy staff to offi ces where most record management and ICT. needed.

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Early on in the pandemic fortnightly Freedom of Information Requests 2020 meetings with the Department of Justice, attended by the Principal Offi cer in OCEO, On hand 01/01/2020 4 were established to exchange information Received 168 and updates in relation to Covid-19 issues. Dealt with 166 One meeting involved Civil Agencies and On hand 31/12/2020 6 the other Criminal Agencies. Fortnightly meetings with the Governance side of the Outcome of requests dealt with Department of Justice also continued. At Access granted/part granted 35 these meetings, the Courts Service provided Refused* 119 updates on internal governance, operations Transferred/withdrawn 9 and information on strategic and business planning processes This contact ensured Handled outside of FOI 3 and continues to ensure a level of cohesion between the various justice agencies and * includes access requests for court records the department. which are exempt under Freedom of Information legislation (section 42(a)(i) of the Requests for information 2014 Act). The Courts Service continued to respond to requests for information from the public, Data Protection and the General government departments and parliamentary Data Protection Regulation representatives during the year. Material The Courts Service is committed to for responses to 165 parliamentary fulfi lling our data protection obligations and questions tabled by members of the process personal data in accordance with Oireachtas was provided and the Offi ce of data protection legislation. We protect the the Chief Executive dealt with 305 letters/ integrity of data supplied to us by court representations from other government users and third parties where required. In departments, TDs, senators and members of 2020, we continued to increase awareness the public. of, and improve compliance with, data protection among our staff. This included Freedom of Information measures to be taken to protect data In 2020, the Courts Service received 168 security when working remotely, as well as requests under the Freedom of Information holding information sessions so that all staff Act 2014. Many of these requests related are aware of their obligations. The Courts to personal information contained in court Service has developed and introduced records, which are not covered by Freedom a Data Protection Policy setting out of Information legislation. The Freedom of responsibilities for all managers, employees, Information Offi cer continued to participate contractors and anyone else who can in the Public Service Users Network, a group access or use personal data in their work for of freedom of information offi cers in public the Courts Service. service bodies. The Data Protection Unit continues to The Courts Service continues to meet work with operational, change and digital its obligations in relation to responding colleagues to achieve full regulatory to Freedom of Information requests. FOI compliance by ensuring data protection is Decisions and Types of Request are outlined embedded into business practices from the below: outset. Data Protection Impact Assessment (DPIA) guidance and templates have been developed to assist staff when undertaking a DPIA. Data sharing agreements are being

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discussed with a number of organisations Conduct or decisions in relation to court with a view to establishing a number of business are matters for the Judiciary and formal agreements. are therefore not dealt with under the formal complaint procedure. There were 92 valid The Unit dealt with 63 data subject access customer complaints received during 2020 requests under the Data Protection all of which were processed and completed legislation during the year and there were in accordance with the formal complaint 49 reported data incidents throughout 2020. procedure. The Data Protection Ofﬁ cer continued to participate in the Civil Service DPO Network, a group of data protection ofﬁ cers in civil service departments and agencies.

Public Sector Equality and Human Rights Duty Section 42 of the Irish Human Rights and Equality Commission Act 2014 establishes a positive duty on public bodies to have regard to the need to eliminate discrimination, promote equality and protect the human rights of staff and persons to whom services are provided.

In 2020, the Courts Service established a cross-functional working group which was tasked to carry out an assessment on the Courts Service’s commitment to meeting its obligations under its legislative duty. It is intended that this group will complete an evidence-based assessment in mid- 2021 and will publish its report as soon as possible thereafter.

Customer complaints and compliments The Customer Comments Co-ordination Ofﬁ ce, supported by Directorate Liaison Ofﬁ cers, manages formal complaints as well as compliments received from members of the public. It is important for the Courts Service to understand services that are valued and appreciated by our customers as well as services or actions that need to be improved. Feedback, both positive and negative, can provide unique insights into the standards of service being provided to court users.

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Board member attendance at meetings in 2020 Name Attendance Mr. Justice Frank Clarke, Chief Justice and Chairperson 6 out of 6 Mr. Justice George Birmingham 4 out of 6 Ms. Justice Mary Irvine (Appointed June) * 4 out of 4 Ms. Justice Elizabeth Dunne 6 out of 6 Mr. Justice Patrick McCarthy 5 out of 6 Mr. Justice Tony O'Connor 6 out of 6 Ms. Justice Patricia Ryan 5 out of 6 Her Honour Judge Alice Doyle 6 out of 6 His Honour Judge Colin Daly 6 out of 6 Judge Conal Gibbons 5 out of 6 Ms. Angela Denning 6 out of 6 Ms. Maura McNally SC (Appointed November)** 1 out of 1 Ms. Michele O'Boyle (Appointed November)*** 1 out of 1 Ms. Hilary McSweeney (Appointed November)**** 1 out of 1 Mr. Doncha O' Sullivan 5 out of 6 Ms. Karen Kiernan 6 out of 6 Ms. Patricia King 6 out of 6 Ms. Deirdre Kiely 6 out of 6

*Replaced Mr. Justice Peter Kelly 2 out of 2 **Replaced Mr. Micheál P. O’Higgins 1 out of 5 ***Replaced Mr Michael Quinlan 5 out of 5 ****Replaced Mr Damien Downey 3 out of 5

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Chapter 5

Legislative Provisions and Reports of the Rules Committees

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The implementation of new legislation impacting on criminal proceedings and civil actions can place signiﬁ cant demands on the resources of the Courts Service. The Courts Service continues to review the content of, and provide input into, proposed legislation to ascertain whether provisions affect court operations or impact or require new court procedures. Legislation in this context includes schemes of bills, bills, draft statutory instruments and draft EU legal instruments.

It is important that the Courts Service is legal aid, sentencing, sending forward for afforded the opportunity to assess the trial or sentence. A Court may direct that all impact of proposed legislative initiatives at applications of a speciﬁ ed type or class be an early stage. This is particularly relevant heard with the accused appearing via live in the context of the development of video link. strategies across a range of areas including ICT, buildings and human resources. The The Act also provides for appeals before following are examples of legislation, or the Court of Appeal and Supreme Court proposed legislation, which impacted on the in criminal proceedings, European Arrest work of the Courts or the Courts Service or Warrant and Extradition Act proceedings to into which the Courts Service provided input be heard remotely. in 2020: Criminal Justice (Mutual Civil Law and Criminal Law Recognition of Supervision (Miscellaneous Provisions) Act Measures) Act 2020 2020 This Act gives effect in Ireland to the Council This Act was partly commenced on 21 of the European Union Framework Decision August 2020 and the remainder was of 23 October 2009 on mutual recognition commenced on 14 September 2020. The of decisions on supervision measures in EU Act provides for remote hearings in civil member states. The Act was commenced proceedings and for the increased use of on 5 February 2021 and provides for an video link in criminal proceedings. Irish resident who is charged with an offence in another EU member state to have their The Act provides that a Court may direct that bail monitored in the State rather than be any category of civil proceedings be dealt remanded in custody in that other state. with remotely. This power may be exercised Similarly, it will allow a resident of another on behalf of a Court by the Chief Justice or Member State who is charged with an the Presidents of the Courts. In civil matters, offence while in the State to be granted bail rules of court may provide for electronic on condition that their bail is monitored in ﬁ ling and electronic issuing of documents the Member State in which the person is and orders. Where provision is made for ordinarily resident. transmission of documents electronically, rules of court may provide for a statement Assisted Decision Making of truth to be made and transmitted (Capacity) Act, 2015 electronically. The Courts Service continues to make The Act also provides for the appearance preparations for the commencement of the accused via video link in criminal of the main provisions of this Act. The proceedings, European Arrest Warrant Courts Service is represented on an Inter- cases and extradition cases in a range of Departmental Steering Group to provide applications including applications for bail, for the Act’s commencement. The bulk of the Act has yet to be commenced and

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commencement is expected in mid-2022. Courts and Civil Law Some sections were commenced on (Miscellaneous Provisions) Bill 17 October 2016. Additional sections were The Courts Service continues to provide commenced on 17 December 2018. This observations on a Courts and Civil Law Act will make signifi cant changes to the law (Miscellaneous Provisions) Bill, 2021. relating to capacity and decision-making This Bill will provide for centralised offi ces, arrangements. It provides for the repeal of the use of electronic registers and the the legislation regulating wardship and the amendment of the qualifi cation period for replacement of wardship with a new regime certain offi cers, such as the Master and of decision-making assistance, support and Deputy Master of the High Court. The representation. Jurisdiction under the Act will Government approved an initial draft of the be exercised primarily by the Circuit Court, Bill in January 2020. with certain jurisdiction being reserved to the High Court.

District Court (Fees) (Amendment) Order 2020 This S.I. amended the District Court (Fees) Order 2014 and provided that no fee was payable in 2020 in respect of the renewal of certain pub and other liquor licences, including certifi cates of transfer, certifi cates of renewal, general exemption orders, restaurant certifi cates, club certifi cates, public dancing licences and music and singing licences. As the Order was signed into law in October 2020, the Courts Service worked hard to ensure the timely refund of these fees in 2020.

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Superior Courts Rules Committee Report for year ending 31st December, 2020

The Superior Courts Rules Committee was p Mr Conor Dignam S.C., nominated by the established by Section 67 of the Courts Council of the Bar of Ireland of Justice Act 1936. Under Section 68 of p Ms Grainne Larkin B.L., nominated by the the 1936 Act the power to make, annul or Council of the Bar of Ireland alter rules of court is exercisable by the p Mr Stuart Gilhooly, Solicitor, nominated by Committee with the concurrence of the the Council of the Law Society of Ireland Minister for Justice. p Mr Liam Kennedy, Solicitor, nominated by the Council of the Law Society of Ireland Membership of the Committee at year ending 31st December 2020 p Mr James Finn, Strategy and Reform Directorate, Courts Service, to whom p The Chief Justice, the Hon. Mr Justice membership has been delegated by the Frank Clarke (Chairperson) Chief Executive Offi cer of the Courts p The President of the Court of Appeal, the Service under section 67(9)(d) Courts of Hon. Mr Justice George Birmingham (Vice Justice Act 1936, as amended Chairperson) p Ms Mary Cummins, Offi ce of the Chief p The President of the High Court, the Hon. State Solicitor – appointed to act in place Ms Justice Mary Irvine of the Attorney General under Section p The Hon. Mr Justice William McKechnie, 36(4) of the Courts and Court Offi cers Act Judge of the Supreme Court 2002 p The Hon. Ms Justice Elizabeth Dunne, p Mr John Mahon, Registrar of the Supreme Judge of the Supreme Court Court p The Hon. Mr Justice John A. Edwards, Judge of the Court of Appeal Secretary - Liz Hughes, Strategy and Reform Directorate, Courts Service p The Hon. Mr Justice Brian Murray, Judge of the Court of Appeal Drafting Services - Mr Sean Barton of p The Hon. Ms Justice Deirdre Murphy, McCann Fitzgerald Solicitors Judge of the High Court p The Hon. Mr Justice Richard Humphreys, The Committee met remotely during 2020. Judge of the High Court The following rules of the Superior Courts were concurred in by the Minister for Justice p The Master of the High Court, Mr Edmund W. Honohan S.C. between the 1st January 2020 and the 31st December 2020:-

Date signed by S.I. number Title Operative date Committee 43 of 2020 RSC (Coroners) 2020 11th December 2019 17th February 2020 584 of 2020 RSC (Judges’ Robes) 2020 23rd September 2020 10th November 2020 590 of 2020 RSC (Probate and 11th December 2019 1st March 2021 Administration Oaths and Bonds) 2020

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At year end the following Rules signed by the Committee are awaiting the concurrence of the Minister:-

Date approved by Title Committee RSC (Order 11th December 2019 105 and 106) 2019 RSC 23rd September 2020 (Afﬁ davits) 2020 RSC 23rd September 2020 (Regulation of Legal Services) 2020 RSC (Cervical 23rd September 2020 Check Tribunal) 2020

Rules relating to the following were under consideration by the Committee at year end:

– Draft Rules of the Superior Courts (Hague Maintenance Convention) 2020

– Draft Rules of the Superior Courts (Intellectual Property Order 63A and Order 94) 2020

Liz Hughes Secretary 2021

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Circuit Court Rules Committee Report for year ending 31st December, 2020 The rule-making authority for the Circuit the Law Society of Ireland Court is the Circuit Court Rules Committee p Ms. Michele O’Boyle, Solicitor, nominated established under section 69 of the Courts by the Law Society of Ireland of Justice Act 1936. The remit of the p Ms. Sabina Purcell, Principal Solicitor, Committee is fi xed partly by section 66 Offi ce of the Chief State Solicitor – of The Courts of Justice Act 1924 which appointed to act in place of the Attorney empowers it to annul or alter rules and General under section 69(9)(c), Courts of make new rules with the concurrence of Justice Act 1936, as amended the Minister for Justice, including rules for regulating the sessions, vacations p Mr James Finn, Principal Offi cer, Courts and circuits of the Circuit Judges and the Service, to whom membership has been practice, pleading and procedure generally delegated by the Chief Executive Offi cer (including liability of parties as to costs of the Courts Service under section and also the entering-up of judgment 69(9)(b), Courts of Justice Act 1936, as and granting of summary judgment in amended appropriate cases) of the Circuit Court and p Ms. Rita Considine, County Registrar, the use of the national language therein Dublin amongst other things. p Ms Mairead Ahern, County Registrar, Louth, nominated by the Chief Executive The members of the Committee at Offi cer of the Courts Service under 31st December, 2020 were: Section 69(4)(d) of the Courts of Justice Act 1936, as amended. p The Hon. Ms. Justice Patricia Ryan, President of the Circuit Court Secretary: Liz Hughes, Directorate of (Chairperson) Reform and Development, Courts Service p Her Honour Judge Jacqueline Linnane, Judge of the Circuit Court Drafting Services: Mr Sean Barton of p Her Honour Judge Sarah Berkeley, Judge McCann Fitzgerald Solicitors of the Circuit Court p Ms Roisin Lacey S.C., nominated by the The Committee met during 2020. The Council of the Bar of Ireland following Rules of the Circuit Court were signed by the Minister for Justice between p Mr Tomás Keys B.L., nominated by the Council of the Bar of Ireland the 1st January 2020 and the 31st December 2020 p Ms Fiona Duffy, Solicitor, nominated by Date signed by Date Effective S.I. number Title Committee From 282 of 2020 Circuit Court Rules (Family Law and 3rd March 2020 12th August 2020 Domestic Violence) 2020 291 of 2020 Circuit Court Rules (Data Protection 3rd March 2020 13th August 2020 Actions) 2020 292 of 2020 Circuit Court Rules (Case Stated) 3rd March 2020 13th August 2020 2020 396 of 2020 Circuit Court Rules (Witness 3rd March 2020 30th September Summonses) 2020 2020 400 of 2020 Circuit Court Rules (Family 3rd March 2020 9th October 2020 Law: Donor-Assisted Human Reproduction) 2020

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At year end there were no Rules awaiting the concurrence of the Minister and the following Rules were under consideration by the Committee:-

– Circuit Court Rules (Costs) 2020

– Circuit Court Rules (Intellectual Property) 2020

Liz Hughes Secretary 2021

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District Court Rules Committee Report for year ending 31st December, 2020 The rule making authority for the District of the Attorney General under section Court is the District Court Rules Committee 71(9)(c) of the Courts of Justice Act 1936, established under section 71 of the Courts of as amended Justice Act, 1936. The Committee may annul p Mr. James Finn, Strategy and Reform or alter rules and make new rules with the Directorate, Courts Service, to whom concurrence of the Minister for Justice. membership has been delegated by the Chief Executive Offi cer under section Members of the Committee at 31st 71(9)(b), Courts of Justice Act 1936, as December, 2020: amended p The President of the District Court, His p Ms. Lisa Scott, Deputy Chief Clerk, Dublin Honour Judge Colin Daly (Chairperson) Metropolitan District Court, nominated by the Chief Executive Offi cer of the Courts p Judge Brian Sheridan, Judge of the District Court Service under section 71(3)(d) of the Courts of Justice act 1936, as amended p Judge Conal Gibbons, Judge of the District Court Secretary: Liz Hughes, Strategy and Reform p Judge Anne Watkin, Judge of the District Directorate, Courts Service Court p Judge Patrick Durcan, Judge of the Drafting Services: Mr Sean Barton of District Court McCann Fitzgerald Solicitors p Dr. Shane McCarthy, Solicitor, nominated by the Law Society of Ireland The Committee met on 4 occasions during 2020, the fi rst meeting was a conventional Mr. Riobard Pierse, Solicitor, nominated p meeting and the following 3 meetings, due by the Law Society of Ireland to Covid-19, included attendance remotely. p Mr Dean Kelly, B.L., nominated by the The following Rules of the District Court Council of the Bar of Ireland were signed by the Minister for Justice p Ms. Ciara McMahon, Chief State between the 1st January 2020 and the 31st Solicitor’s Offi ce, appointed to act in place December 2020: Date signed by S.I. number Title Operative date Committee 284 of 2020 District Court (Intellectual Property) 7th February 12th August 2020 Rules 2020 2020 431 of 2020 District Court (Residential 7th February 22nd October Tenancies) Rules 2020 2020 2020 434 of 2020 District Court (Donor-Assisted 28th July 2020 22nd October Human Reproduction) Rules 2020 2020 496 of 2020 District Court (Order 36) Rules 2020 29th September 10th November 2020 2020 497 of 2020 District Court (Enforcement of 29th September 10th November Orders) Rules 2020 2020 2020 498 of 2020 District Court (Service in licensing 28th July 2020 10th November matters) Rules 2020 2020 499 of 2020 District Court (Criminal Justice 8th October2018 10th November (Forensic Evidence & DNA 2020 Database Systems Act 2014) Rules 2020

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At year end the following Rules signed by the Committee were awaiting the concurrence of the Minister:-

District Court (Gaming and Lotteries) Rules 2020 District Court (Afﬁ davits) Rules 2020 District Court (Order 38) Rules 2020

The following matters were under consideration by the Committee at year end:

Draft District Court (Maintenance) Rules 2020 District Court Scale of Costs Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 Order 24 -Service of Book of Evidence

Liz Hughes Secretary 29th January 2021

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Chapter 6

Financial Statements

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Financial Highlights

2020 2019 Expenditure & Income €’000 €’000 Current Expenditure Pay 57,556 54,543 Non-Pay 31,001 30,819 Total Current 88,557 85,362 Capital expenditure 66,071 54,054 Total Gross Expenditure 154,628 139,416 Total Income 32,634 47,084 Expenditure Net of Income 121,994 92,332

Court funds 2020 2019

Funds managed on behalf of court, minors and other 1.981 billion 1.971 billion beneﬁ ciaries at 30 September

2020 2019 Financial Operations €’000 €’000 Fines collected 6,510 10,348 Family law receipts 15,338 16,808 Bail receipts 2,792 3,123 Court fees collected (and retained)* 24,612 43,972 Poor box receipts 1,377 1,740 Civil court and small claims receipts 1,005 680 Total 51,634 76,671

*Excludes miscellaneous income and the pension levy

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Financial Overview

The funding of the Courts Service is from The outturn for 2020 saw the achievement of a two main sources, direct Exchequer funding balanced budget, with total gross expenditure and Appropriation-in-Aid (income) primarily for the running of the Courts Service of generated through court fees. €154.628m. This compares with €139.416m in 2019. Expenditure for 2020 compared with For 2020 total funding for the Courts Service that of 2019 can be broken down between amounted to €161.378m (2019, €140.905m). total current expenditure, totalling €88.557m combined with income of €32.133m (2019, (€85.362m for 2019), and total capital €47.781m), resulting in the net funding of expenditure, including PPP of €66.071m the Courts Service of €129.245m (2019, (€54.054m in 2019). €93.124m). Operating within the funding parameters and the achievement of a The funding of the Courts Service is balanced budget is a requirement under supplemented by Appropriations-in-Aid, of Government accounting guidelines. which Court Fee Income represents the main source of receipts. Court Fee Income relates The funding for 2020 includes Covid-19 to the administrative charge for the processing related adjustments totalling €23m, of which of civil cases. In 2020 this amounted to €18m relates to an adjustment in Court Fee €24.612m (€43.972m in 2019). In addition income with the balance of €5m relating to the to Court Fee income, Appropriations-in-Aid Government stimulus packaged announced in include Miscellaneous Income and a Pension July 2020. Levy.

The composition of funding reﬂ ects that The Courts Service is divided into six 37% (2019, 40%) is attributable to pay, with directorates, each with a distinct function. 20% (2019, 21%) relating to the day-to-day Diagram 1 below represents the spend across operation of the Courts Service, 25% (2019, each directorate in the Courts Service. 27%) to the Unitary Charges for the CCJ and Regional PPP’s and the balance of 18% (2019, 12%) for both ICT and Courthouse Capital.

Diagram 1: Current Expenditure by Directorate

Current Expenditure 2020 by Directorate Total Spend €154.6m

9% 3% I Circuit & District Court Operations 12% I Corporate Services I Strategy and Reform 59% I Ofﬁ ce of the CEO I ICT 13% I Superior Courts Operations

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Capital expenditure represents 43% of overall expenditure in the Courts Service. Diagram 2 below sets out how capital expenditure was spent in the Courts Service.

Diagram 2: Capital Expenditure 2020

Capital Expenditure 2020 Total Spend €66.1m

21% 23%

I ICT I Courthouse Capital I PPP CCJ Unitary Charge I 29% PPP Bundle Unitary Charge

36%

Diagram 3 below compares Courts Service expenditure and income in 2020 against 2019.

Diagram 3: Expenditure and Income 2019 -v- 2020

Expenditure Headings - 2019 vs 2020

140,000 I 2019 I 2020 120,000 100,000 80,000 60,000 40,000 20,000 0 Pay Non Pay PPP Capital Income Net Cost

Court Fees Court fees are charged in respect of legal documents lodged and services provided in court ofﬁ ces.

The Service also collects fees on behalf of the Ofﬁ ce of the Revenue Commissioners (Revenue) and the Property Registration Authority. The fees collected on behalf of the Revenue include excise duties on certain licensing applications.

2020 2019 Court Fees €’000 €’000 Retained by the Courts Service 24,612 43,972 The Ofﬁ ce of the Revenue Commissioners 1,200 3,356 Total 25,812 47,328

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Expenditure and Income

2020 2019 Expenditure & Income €’000 €’000 Current Expenditure Salaries and wages 57,556 54,543 Travel and subsistence 2,291 3,388 Staff and judicial training 798 787 Digital audio recording and other fees 2,374 2,834 Legal services 646 1,285 Incidental/ miscellaneous costs 4,472 3,350 Postal services 1,604 1,632 Telecommunications 1,329 1,398 Ofﬁ ce equipment and materials 647 625 Courthouse maintenance 8,335 7,207 Heat, light and fuel costs 2,698 2,728 Furniture and ﬁ ttings 739 207 Leases 4,851 4,856 Consultancy (non I.T related) 217 522

Total Current Expenditure 88,557 85,362

Capital Expenditure Computer and telecommunications systems 15,240 11,412 Courthouses and other buildings 12,895 4,876 PPP CCJ Unitary Charge 23,904 22,137 PPP Bundle Unitary Charge 14,032 15,629 Total Capital Expenditure 66,071 54,054

Total Gross Expenditure 154,628 139,416

Income (Appropriation-in-Aid) Fees 24,612 43,972 Miscellaneous 1,024 1,448 Pension levy 1,498 1,664 Dormant Funds 5,500 - Total Income 32,634 47,084

Total Net Expenditure 121,994 92,332

Note: The 2020 ﬁ gures are provisional and subject to audit by the Comptroller and Auditor General.

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Prompt Payment of Accounts Act, 1997 Payment practices Prompt payment interest provides for the payment of interest to suppliers for invoices not paid within 30 days. The Courts Service has procedures in place to ensure that all invoices are paid within the time limits identiﬁ ed on the invoices or, if no time limit is speciﬁ ed, within the statutory time limit. While the procedures have been designed to ensure compliance with the Act, they only provide reasonable and not absolute assurance against material non-compliance with the Act.

Prompt payment interest Prompt payment interest and compensation is paid to suppliers in respect of invoices not paid within 30 days of receipt. In 2020, the total amount paid out in respect of late payments was €9,758 (€6,555 in 2019).

Late payments

Compensation Year Interest amount Total amount 2020 €1,508 €8,250 €9,758 2019 €635 €5,920 €6,555

15-day payment requirement The Courts Service makes every effort, consistent with proper ﬁ nancial procedures, to ensure that all suppliers are paid within 15 days.

Prompt Payment Quarterly Returns by Government Departments Agency: Courts Service

% of overall Value of % No. of No. of total value Year payments payments payments paid within 15 within 15 days within 15 days within 15 days days 2020 74% €63,804,612 64% 5,391 2019 65% €48,701,198 64% 6,064 2018 64% €38,583,296 63% 5,948

Covid-19 related expenditure A total of €5.436m was incurred on Covid-19 related expenditure in 2020, primarily in relation to ICT Capital and Courthouse Capital which made up 71% of the total Covid-19 related expenditure.

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Diagram 4: Diagram 4: Covid-19 related expenditure 2020

Covid-19 Spend in 2020 - €5.436m

IT Capital 3,259 (60%)

Capital Works 582 (11%)

Courthouse Maintenance 489 (9%)

Furniture & Fittings 409 (8%) Expenditure General Premesis Expenses 273 (5%)

Jury Minding 224 (4%)

Other Non-Pay Areas 201 (4%)

– 1,000 2,000 3,000 4,000 €’000

Court Funds Ofﬁ ce In accordance with the Courts Service Act 1998, the Courts Service is responsible for the management and administration of the Courts and the provision of support services for judges. It is in this capacity that the Courts Service has a role in the management and investment of court funds, which are held in trust by the courts. These funds are invested in line with the provisions of the Trustee (Authorised Investments) Act, 1958 and subsequent orders.

At 30 September 2020, the Accountants Offi ce was managing €1.981 billion in a fi duciary capacity (€1.971 billion, at 30 September 2019) on behalf of 22,972 benefi ciaries. Of these, 2,751 benefi ciaries are persons who have been declared wards of court (2019: 2,911) with funds valued at €1.460 billion as at 30 September 2020 (2019: €1.420 billion). A further 17,933 are minors (2019: 18,030) with funds valued at €336 million (2019: €336 million). The remainder mostly consist of cases pending further court orders, residential redress board cases and lodgements with defence case types.

The increase in the total value of funds by €10 million is attributable to a net decrease from investment performance of €31.5 million for the year (2019: €8.7 million of an increase) and an increase in net capital transactions of €41.5 million (i.e. net excess receipts over disbursements).

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Table 1: Total Net Assets under Management, by Jurisdiction as at 30 September 2020

Net Assets € Net Assets € % Increase Jurisdiction % % at 30/09/2019 at 30/09/2020 in Net Assets High Court 1,761,556,213 89.4% 1,766,514,046 89.2% 0.3% Circuit Court 182,975,481 9.3% 185,783,908 9.4% 1.5% District Court 26,365,042 1.3% 28,485,815 1.4% 8% Total € 1,970,896,736 100% €1,980,783,769 100% 0.5%

Table 2 shows the investment performance net of fees for all strategies for the current fi nancial year, covering the period from 1 October 2019 to 30 September 2020 and the annualised performance since inception of the current range of funds since October 2013 with the exception of the Moderate Diversifi ed Fund which was established on 20 March 2019. The net returns, after management fees and custodian and administration fees, for the year ending 30 September 2020 were as follows: Cash Fund (-0.52%), Euribor Plus Fund (-0.46%), Cash and Short Term Bond Fund (-0.55%), Moderate Balanced Fund (+0.21%), Diversifi ed Fund (-0.93%), Growth Fund (-2.78%) and Moderate Diversifi ed Fund (-0.14%).

Note: Full details are contained in the annual report of the Financial Statements of the Accountant of the Courts of Justice for the year ending 30 September 2012 available on www.courts.ie.

Table 2: Spectrum Funds Annual Investment Performance (Net of Fees) to 30 September 2020

6% 5.48%

2.00% 2% 0.78% 1.13% 0.21% 0% -0.30% -0.12% -0.02% -0.14% -0.52% -0.46% -0.55% -0.93% -2%

-2.78% -4% 12 Months to 30/09/2020 -6% Annualised return – inception to 30/09/2020

Cash Euribor Plus Cash and Moderate Diversiﬁ ed Growth Moderate Fund Fund Short Term Balanced Fund Fund Diversiﬁ ed Bond Fund Fund Fund*

* Moderate Diversiﬁ ed Fund established in March 2019

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Statement Of Financial Position At 30 September 2020

30/09/2020 30/09/2019 € € Financial assets at fair value through proﬁ t or loss 1,908,123,198 1,908,397,304

CURRENT ASSETS Debtors 59,399,130 34,837,734 Cash and cash equivalents 15,078,956 29,277,536

TOTAL CURRENT ASSETS 74,478,086 64,115,270

CURRENT LIABILITIES Creditors (1,817,515) (1,615,838)

TOTAL CURRENT LIABILITIES (1,817,515) (1,615,838)

NET CURRENT ASSETS 72,660,571 62,499,432

TOTAL NET ASSETS 1,980,783,769 1,970,896,736

Represented by: Funds held for beneﬁ ciaries 1,980,783,769 1,970,896,736

The ﬁ nancial statements were approved by the Accountant on 22 March 2021.

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Statement Of Comprehensive Income For The Year Ended 30 September 2020

30/09/2020 30/09/2019 € € NET REALISED AND UNREALISED (LOSSES) / GAINS Net realised gains on fi nancial assets at fair value through profi t or loss 12,070,699 9,798,200 Net change in unrealised (losses) / gains on fi nancial assets at fair value through profi t or loss (39,318,187) 1,173,465 Net (losses) / gains realised on transfers of assets (2,229,272) 18,345

NET REALISED AND CHANGE IN UNREALISED (LOSSES) / GAINS (29,476,760) 10,990,010

Investment income 72,758 78,578 (29,404,002) 11,068,588 Expenses (2,084,586) (2,320,439)

(DECREASE) / INCREASE IN NET ASSETS FROM OPERATIONS (31,488,588) 8,748,149

The ﬁ nancial statements were approved by the Accountant on 22 March 2021.

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Statement Of Changes In Net Assets For The Year Ended 30 September 2020

30/09/2020 30/09/2019 € € (DECREASE) / INCREASE IN NET ASSETS FROM OPERATIONS Investment income less expenses (2,011,828) (2,241,861) Net realised gains on fi nancial assets at fair value through profi t or loss 12,070,699 9,798,200 Net change in unrealised gains on fi nancial assets at fair value through profi t or loss (39,318,187) 1,173,465 Net (losses) / gains realised on transfers out during year (2,229,272) 18,345 (DECREASE) / INCREASE IN NET ASSETS FROM OPERATIONS (31,488,588) 8,748,149

CAPITAL TRANSACTIONS Receipts 267,617,498 293,997,083 Disbursements (226,241,877) (261,168,965) INCREASE IN NET ASSETS FROM CAPITAL TRANSACTIONS 41,375,621 32,828,118

Total increase in net assets for the year 9,887,033 41,576,267 Net assets at beginning of year 1,970,896,736 1,929,320,469 NET ASSETS AT END OF YEAR 1,980,783,769 1,970,896,736

The ﬁ nancial statements were approved by the Accountant on 22 March 2021.

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Court Funds Offi ce – Court Accounts Section The Courts Accounts Section of the Courts Funds Offi ce operates as a shared service centre for the processing of all fi nancial transactions for the Combined Court Offi ces of the Courts Service.

In 2020, the total volume of transactions (both receipts and payments) was 515,875 (2019, 557,541) with a monetary value of €81.3m (2019, €124.4m).

Fines The Courts Service manages receipts and ﬁ nes imposed by the Courts. Court Fines received are transferred to the Exchequer and a number of other government departments and agencies. Compared to the previous year, reduced social and economic activity in 2020, following the onset of the Covid-19 pandemic, contributed to a decline in court ﬁ nes collected and transferred to the Exchequer.

Table 3: Court Fines collected and transferred

2020 2019 €’000 €’000 Exchequer (motor ﬁ nes) 3,588 5,352 Exchequer (general) 1,932 2,831 The Ofﬁ ce of the Revenue Commissioners 485 826 Department of the Environment, Climate and Communications 23 27 Department of Agriculture, Food and the Marine 40 268 Total 6,068 9,304

Fines (Payments and Recovery) Act 2014 The Fines (Payment and Recovery) Act 2014 allows for the payment of ﬁ nes by instalment over a twelve-month period, subject to certain conditions. Where a person defaults in making payment the matter will be brought back to court. This may result in the making of an attachment of earnings order or a community service order. Where the unpaid ﬁ ne is in excess of €500, the court may appoint a receiver.

Table 4: Number and value of ﬁ nes imposed and recorded on CCTS in 2020 and 2019

2020 2019 Number of ﬁ nes imposed 38,353 66,239 Value of ﬁ nes imposed €11,884,920 €22,211,776

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Family Law The Courts Service processes Family Law payments for maintenance debtors and creditors.

Table 5: Family Law receipts and payments

2020 2019 €’000 Volume €’000 Volume Receipts €15,338 186,956 €16,808 203,902 Payments €15,365 224,669 €16,799 218,341

The Courts Service continues to encourage users to avail of electronic funds transfer as the preferred method of payment with 94% of Family Law maintenance creditors paid by EFT in 2020, and 83% of such debtors making payment by standing order.

Poor Box The court may direct that money by paid into the Court Poor Box in lieu of, or in conjunction with, another penalty. Payments can be made via the Courts Service for onward payment to a charity as directed by the court.

The primary responsibility of the Courts Service in relation to the Poor Box is to ensure that:

• all monies paid into and payments made from the Poor Box are carried out in accordance with the direction of the judge, and

• there are adequate and effective systems and procedures in place for recording court orders and accounting for Poor Box receipts and payments.

Table 6: Poor Box returns 2020

Balance At Balance At Receipts Payments 01/01/2020 31/12/2020 District Court €615,754.41 €1,376,738.47 €1,587,389.48 €405,103.40

Delivering excellent services to court users; working in partnership 2020 2030 152 | Courts Service Annual Report 2020

Chapter 7

Additional Information

Delivering excellent services to court users; working in partnership 2020 2030 CHAPTER TITLE | 153

Contacting Offi ces of the Courts Auditors Service The Offi ce of the Comptroller and Auditor Contact details for the main offi ces of General, the Courts Service are on the website Treasury Block, www.courts.ie. Lower Yard, Dublin Castle, Other Information Dublin 2. The Legal Diary with details of cases listed (Appropriation Accounts) in the Supreme Court, the Court of Appeal, the High Court (including the Central Criminal Mazars Court) and the Circuit Court is on the website. Annual reports of the Courts Service together Block 3 - Harcourt Centre with strategic plans and other publications are Harcourt Road on the website. D02 A339 Dublin 2 Ireland Website The website can be accessed at www.courts.ie.

Solicitors Byrne Wallace, solicitors, 88 Harcourt Street, Dublin 2.

McCann FitzGerald, solicitors, Riverside One, Sir John Rogerson’s Quay, Dublin 2.

Delivering excellent services to court users; working in partnership 2020 2030 154 | Courts Service Annual Report 2020

Notes

Delivering excellent services to court users; working in partnership 2020 2030

2020

ANNUAL REPORT 2020

THE HIGH COURT OFFICE OF THE LEGAL COSTS ADJUDICATORS

Supporting Access to Independent, Impartial and Objective Resolution of Legal Costs Disputes in a modern digital Ireland Annual Report 2020

Annual Report Published by the Chief Legal Costs Adjudicator with the support of the Courts Service

Editors: Chief Legal Costs Adjudicator Paul M. Behan Assistant Principal Officer to the Chief Legal Costs Adjudicator Natasha Whyte

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THE HIGH COURT

OFFICE OF THE LEGAL COSTS ADJUDICATORS

Our Mission

The Office of the Legal Costs Adjudicators Mission is to enable access to independent, impartial and objective resolution of legal costs disputes. Through the provision of a courteous and professional service in the performance of its statutory function. To maintain and provide transparency throughout the process from inception to completion, with reasoned outcomes being published, in so far as is permitted by the law, and accessible via the register of determinations, so as to inform both legal practitioners and the public. It is our mission to provide this service in a timely manner, providing and supporting access to justice.

In support of this mission, the Office pursues two strategic goals:

• Supporting the Legal Costs Adjudicators

Supporting the Chief Legal Costs Adjudicator and the Legal Costs Adjudicators is a statutory obligation of the Courts Service and by extension the Office and is central to our mission. As well as being a key strategic priority in its own right, it is also key to the achievement of all our strategic priorities.

• Providing High Quality Service to Court Users

A core part of our mission is the provision of a consistent, impartial, timely and excellent service to court users, consistent with the limitation of the Office’s statutory remit.

Our Vision

Over time, as the number of adjudications are completed and the register of determinations is updated, a body of information will be publicly available to inform the public and practitioners of the range of legal costs, the manner in which they are determined and the reasons underlying the determination.

Our Values

We are committed in performing our functions and fulfilling our responsibilities, to independence, fairness, integrity, professionalism, innovation and accountability. Our strengths derive from the expertise of the staff within the office. With a commitment to improving services, adapting innovative processes and adherence to best practices and developing strategies for improvement.

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CONTENTS

Foreword by the Chief Legal Costs Adjudicator………………….………………...…..…...………6

Chapter 1 About the Office of the Legal Costs Adjudicators……...……………………………..……10

Chapter 2. The Year in Review………………………………….…...….…………………...... ……...11

Chapter 3. Governance and Management Structures...... ……23

Chapter 4. Activity…………...………………………………………………….………...……..….…24

Chapter 5. County Registrars Summary Report……………………….…………...…………….…….45

2020 at a Glance…………………………………………………………………………………….….54

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FOREWORD

Foreword by the Chief Legal Costs Adjudicator

As Chief Legal Costs Adjudicator, in accordance with my obligations pursuant to s.146 of the Legal Services Regulation Act 2015, I am pleased to present my Annual Report of activities covering the year to the end of 2020. The Office was established by commencement of Part 10 of the 2015 Act on 7th October 2019. This Annual Report represents the first full calendar year, in which the Office was in being.

2020 was a year which, in common with the Courts Service and the wider legal and public community, presented unprecedented challenges for everyone, including the Office of the Legal Costs Adjudicators. The Covid-19 Global pandemic presented a most challenging of environments within which to conduct business, which is almost exclusively outward facing towards the general public and legal practitioners.

That part of the office’s Mission Statement which details our values, is to perform our functions with independence, fairness, integrity, professionalism, innovation and accountability. The Mission Statement, contains a commitment to improving services, adapting innovative processes, adherence to best practices and developing strategies for improvement.

These values were tested, as public hearings were suspended with the coming into effect of public health restrictions in March, 2020. This was unprecedented and it would be fair to say that there was little understanding of the scale of the problem or the challenges that it would present, not only in the early stages but as things altered, throughout the year.

Although public sittings were suspended in the initial period of the pandemic, the functions of the Office continued, by issuing written determinations and putting strategies in place to move to a more digital platform. Significant development work had been undertaken with the Courts ICT personnel to develop an e-filing platform for the initiation of Applications for Adjudication of Legal Costs. This is in keeping with the overall strategy of the Civil Service Renewal program, to move to a more digitised platform.

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Phase one of the Courts Service ICT High Court e-filing of Applications for Legal Costs Adjudication project was delivered through the Court Services Online (CSOL) platform. The development of this facility allows legal practitioners and legal costs accountants to lodge Applications for Legal Costs Adjudication in the Office of the Legal Costs Adjudicators electronically in cases where parties have a functioning CSOL account.

Following the coming into effect of the first public health restrictions, many steps had to be undertaken. There were steps immediately required to notify all parties to scheduled adjudication hearings. It was necessary to adjust the office accommodation, hearing rooms and all public areas. Offices were modified significantly, so as to provide a safe workplace for staff and users of the service alike. The first set of restrictions meant that public hearings could not take place. This remained the case from 18th March 2020 to June 2020. In this period, investigations and discussions were held with Courts Service staff and the development of a remote platform through VMR was implemented to enable cases to be heard remotely. This was tested over time. It was necessary to first communicate with all parties on each side of cases, to ascertain the position of each case, deal with the responses from parties. This involved several hundred exchanges of communications, from letters, email and telephone contacts. In order to process cases, those cases requiring dates were re-assigned new listings.

A weekly remote call over was fixed for each Thursday at 9.30am of cases, so that those cases that were settled or for other reasons, no longer required a hearing date could be struck out and priority given to those cases which required a hearing. By mid-June 2020, every case that had been deferred had been reset for a remote hearing, where suitable, or placed into a reserve list for a physical Adjudication, when public sittings could be safely held.

At the end of June 2020, when restrictions were somewhat relaxed, normal physical sittings were resumed, with staggered times, so as to facilitate the safe ingress and egress to the building and the work of the office would be undertaken in a socially distant and safe manner. These procedures continued to the end of July 2020. After the Holiday break in August, sitting’s resumed in September in a similar way. Remote hearings were offered to parties, where they requested same and where the cases were suitable for such. Level 3 restrictions were imposed on 18th September 2020 and remote hearings resumed and continued. Level 5 restrictions were again imposed on 21st October 2020. A modified version of level 3 restrictions returned on 1st December 2020. Remote hearings continued to be held until the end of term on 21st December 2020. Determinations continued to be made, and issued at all times,

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either issued electronically to the parties, or via remote hearings. The Remote call over on a Thursday, continues on weekly basis as it is helpful to all users of the service.

A searchable online register of determinations has been developed to allow for the office to meet its statutory requirements. These online facilities will yield benefits for legal costs accountants and practitioners and members of the Public. Over time, this will aid in providing transparency around legal costs, their value and the assessment process and rationale underlying the determinations. A number of improvements in the search function were identified and following liaison with ICT services, it is hoped that these changes will be implemented in 2021.

Barry Magee was appointed Legal Costs Adjudicator by the Government in accordance with s.148 of the 2015 Act. He took up his post on 19th October 2020. I warmly welcome his appointment to the Office.

As the figures appearing hereafter will show, the year 2020 was a year in which despite the challenges presented by the Covid-19 pandemic, it was a busy one, with significant increases in the workload of the office.

Finally, the staff of the Office quickly and readily adapted to all new processes and procedures, with unfailing dedication, good humour and commitment to public service, to the users of the Office, both professional and lay persons. It is only right that I acknowledge their huge assistance and efforts. Genuinely, the office business could not have functioned and adapted as it did, without the exceptional effort displayed by each of them. I am truly indebted to them.

On behalf of the Office of the Legal Costs Adjudicators, I am pleased to present the Annual Report for 2020.

Paul M. Behan Chief Legal Costs Adjudicator

April 2021

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CHAPTER 1 - About the Office of the Legal Costs Adjudicators

Part 10 of The Legal Services Regulation Act, 2015 was commenced on 7th October 2019 (Commencement of Certain Provisions) (No.2) Order 2019. S.I No. 502 of 2019. This resulted in the establishment of a new regime for the adjudication of legal costs, with the abolition of the Office of the Taxing Master and the work of that Office being transferred to the Office of the Legal Costs Adjudicators.

The statutory powers, functions and duties of the Office, derive from Part 10 and Schedule 1 of the Legal Services Regulation Act, 2015. These statutory powers are underpinned by the Rules of the Superior Courts (Costs) 2019.

By its statutory powers, the Office of the Legal Costs Adjudicators, in addition to having the previous powers of the Taxing Masters, deals with disputes on legal costs, usually but not always, as between parties involved in litigation in the Superior Courts. There are other matters such as disputes between a legal practitioner and his or her client which also fall within the statutory remit of the office.

Party and Party costs usually derive from an Order of the Court. This is where a Court or an authorised body, directs one party to a cause to pay the costs of another. Party and Party Costs usually arise from proceedings in the Superior Courts, see Part 11 of the Legal Services Regulation Act, 2015.

Circuit Court costs arising in proceedings are determined by County Registrars, as is provided in s.141 of The Legal Services Regulatory Act, 2015 and the Circuit Court Rules. The Office of the Legal Costs Adjudicator does not generally have any jurisdiction or power to deal with Circuit Court Party and Party costs, but does have jurisdiction to deal with Circuit Court Costs, only where they arise as part of a wider dispute as between a legal practitioner and client.

Disputes as between legal practitioners and their clients fall within the remit of the Office of the Legal Costs Adjudicators. Legal Practitioners have prescribed duties, contained within the Act. The Legal Costs Adjudicators have a duty to hear and determine disputes relating to the amount and whether such costs are reasonable.

Importantly the Office of the Legal Costs Adjudicators does not have power to deal with complaints about or touching upon matters of poor or inadequate services, or complaints relating to misconduct, such matters are currently dealt with by the Legal Services Regulatory Authority.

Appointments and Welcome

Following the commencement of Part 10 of the Legal Services Regulation Act, 2015, which established the new Office of the Legal Costs Adjudicators. and the subsequent appointment of Paul M. Behan as Chief Legal Costs Adjudicator (formerly Taxing Master Behan) and Legal Costs Adjudicator Niall O’Hanlon.

On 19th October 2020 the Government appointed Barry Magee as an additional Legal Costs Adjudicator.

Page | 10 Annual Report 2020

Mr. Magee joined the Office on the 19th of October 2020 and brought with him, a wealth of experience and a great depth of knowledge of quasi-judicial decision making.

Previously Mr. Magee has worked as a solicitor in the private and public sectors in a wide range of areas including private client, environmental, conveyancing, probate, judicial review, regulatory and administrative law. He also served as the full time Chairperson of the Refugee Appeals Tribunal/International Protection Appeals Tribunal.

Mr. Magee’s wide range of professional experience, his interpersonal skills and his experience of conducting adjudicative tribunals, will be a most welcome addition to the office.

Figure 1:- Legal Costs Adjudicator Barry Magee Photo

CHAPTER 2 – The Year in Review

1) Covid-19 and the Response of the Office

The Office of the Legal Costs Adjudicators safety policy, in line with that of the Courts Service, is to be proactive in maintaining a healthy and safe working environment for all employees, the Adjudicators, legal costs accountants, legal practitioners, members of the public, visitors, and contractors who may be affected by our undertakings, across our location.

The Office in line with the Courts Service has done its utmost to ensure the continued safety, health and welfare of all persons at our location during the Covid-19 pandemic by implementing and maintaining the Courts Service Covid-19 Safety Management Programme. The setup of a Covid-19 Safety Compliant office has required a lot of work and cooperation by and from the staff, Adjudicators and our legal partners, members of the public, visitors, and contractors. Access to the Office, is permitted only along public health guidelines.

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In totality the office has implemented hygiene controls, social distancing controls, people traffic flow management controls, case listing management, public office management - management of appointments and walk-ins and staff rostering controls, to ensure the continuity of business.

The overarching principle of implementing these measures is to protect the health and safety of staff and users of the Office.

Public Counter and Waiting Area

In the public counter and waiting area hand sanitising stations, capacity signage and people traffic management signage have been installed. Additionally, a flexible glass screen has been fitted at the public counter as a further Covid-19 safety measure, with social distancing demarcation in place on the floor. The installed traffic management system allowing persons to access and egress the counter while maintaining social distancing at 2m. While the queueing system in place allows for 2 persons max. capacity at Public Counter area.

Figure 2:- Office of the Legal Costs Adjudicators Reception and Public Counter Photo

A sliding scale of public access to the Office, to deal with urgent matters and those specific tasks, that cannot be achieved by other methods, strictly limited counter activity has been employed by the office, which is Covid-19 restriction level dependant. At level 5 Restrictions - no public interface is occurring unless urgent and by appointment. At other Covid restrictions levels public interface is available by appointment for non-urgent business.

The e-filing platform for the lodgment of Applications for Adjudication has continued to operate as normal via the Court Service Online portal ( www.csol.ie ) for registered users, throughout all restriction levels. In tandem with a ‘drop box’ facility, made available to members of the public, in the ground floor reception area to facilitate the physical submission of documentation. The availability of this facility has been and continues to be clearly communicated. Telephones, email, post and Dx facilities continued to operate as normal during all level of restriction.

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Adjudication Rooms and Corridors Following the installation of remote technology in late June 2020 a sliding scale of Adjudication Room activity has been employed by the office, which is Covid-19 restriction level dependant.

A weekly remote call over of the following weeks cases is held each Thursday during the legal term and is used as an effective case management tool, with applications concerning matters listed for the following week being dealt with. The suitability of each case for remote hearing is determined on a case by case basis, by the assigned Legal Costs Adjudicator, having regard to all circumstances and the position of the parties to the adjudication.

At level 5 Restrictions no face-to-face hearings occur unless urgent and by direction of the assigned Legal Costs Adjudicator. Suitable Adjudication hearings are being heard remotely and in accordance with s. 156(4) of the Legal Services Regulation Act, 2015, in public, with the adjudicator operating the Digital Audio Recording (DAR) technology so as to ensure a record of the proceedings is maintained. Access to these remote hearings is made available to interested parties and the media on request.

Figure 3:- Corridor adjoining Adjudication Rooms 1& 2 traffic flow management system.

Dependent on the level of Covid-19 restrictions applying, face-to-face hearings are occurring but only on a staggered basis following the installation of a number of Covid-19 safety measures: -

➢ Availability and use at all appropriate times of remote technology to reduce the need to physically attend hearings; ➢ Weekly management of hearing list in advance via call over the previous week and assigning time specific schedules, to manage physical distancing requirements; ➢ Strict capacity management of adjudication rooms with designated seating in place; ➢ Strict capacity management of corridors adjoining Adjudication rooms and social distancing traffic flow management in place; ➢ Use of natural ventilation by numerous windows with air-conditioning unit if required; ➢ Plexiglass screens in place at witness box and Adjudicators bench;

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Figure 4:- Plexiglass screens installed at witness boxes and Adjudicators bench

➢ Advisory Covid-19 signage in place on entry, and in Adjudication Room; ➢ Face coverings being used by all attendees in Adjudication Rooms when face-to face;

Figure 5 - Adjudication Room 1- Capacity and Face Mask signage, along with Hand sanitising station

➢ A Cleaning Programme in place to ensure all Adjudication Rooms are cleaned before start of day, with high-frequency touch points cleaning occurring at lunchtime; ➢ Closing of all consultation rooms to the public; ➢ Hand sanitiser stations in place in all public areas, on entrance to each Adjudication Room and on entry and exit from the office. ➢ Maintenance of track and trace logs.

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2) Progress Against Our Strategic Priorities

Strategic Priority 1: Supporting the Legal Costs Adjudicators

A core role of the Office is the provision of support for adjudication sittings, and the necessary resources and assistance which allows the Legal Costs Adjudicators to administer independent, impartial and objective resolution of legal costs disputes. During 2020 the office provided support for the Legal Costs Adjudicators and all adjudication sittings.

Through the Court Services Online (CSOL) platform Legal Costs Adjudication applications continued to be accepted and processed by the office throughout the year.

Legal Costs Adjudication Application waiting times, just prior to the initial Covid-19 restriction period, stood at 6 weeks, which increased to 16 weeks following the onset of restrictions and the required suspension of physical sittings. Investigations and discussions were held and the development of a remote platform through VMR was implemented to enable cases to be heard remotely. By mid-June 2020, every case that had been deferred had been reset for a remote hearing, where suitable or placed into a reserve list for a physical Adjudication, when public sittings could be safely held. This worked to reduction waiting times down to 11 weeks by years end.

Sixty one hearing days, were conducted remotely in 2020. This includes 30 Remote Call over days and 31 Remote Hearing days, with 84 Adjudications heard remotely. In addition, there is the day to day applications for adjournments to inter alia, facilitate settlement discussions, afford additional times to parties, deal with applications for extensions of time and the myriad of issues that can arise from day to day. It was a challenging environment for all parties to Adjudications and staff within the Office of the Legal Costs Adjudicators.

Figure 6:- Remote Hearings – Delivered by Legal Costs Adjudicator Barry Magee and Chief Legal Costs Adjudicator Paul M. Behan In meeting its statutory requirements the office continues to populate the on-line register of determinations, on an ongoing basis, with the publishable reasons for determination. Over time, this will

Page | 15 Annual Report 2020

aid in providing transparency around legal costs, their value and the assessment process and rationale underlying the determinations. Following feedback from users a review of the search function of the Register of Determinations was undertaken in 2020, where a number of improvements in the search function were identified and following detailed consultation with ICT services, it is hoped that these changes will be implemented in 2021.

Strategic Priority 2: Providing High Quality Service to Court Users

As part of its core mission the office is involved, either directly or indirectly, in providing services to a wide range of court users, including legal costs accountants, legal practitioners, other public bodies, non- governmental agencies as well as directly to members of the public. Although the Office is independent and cannot offer advice, it does assist parties by explaining the practices and procedures surrounding Legal Costs Adjudication, so as to ensure that a party is seeking the correct service.

Website Development

In 2020, significant development of the office’s website homepage on www.courts.ie occurred. to provide reliable, up to date and user-friendly access to information in accordance with content best practice principles.

Information developed and held on the website includes sections on ➢ General Information on Legal Costs Adjudication ➢ Legal Costs Adjudication Forms ➢ E-Filing of Applications for Legal Costs Adjudications to the High Court ➢ Legal Costs Adjudicators Register of Determinations ➢ Publications – Strategic Plan 2020-2023, Annual Report 2019

Figure 7:- Office of the Legal Costs Adjudicators Website Home Page on www.courts.ie

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The office will continue to further develop its homepage over the next 12 months where improvements are identified.

Procedural obstacles and devising strategies for resolution

Following a stakeholder meeting in early 2020 the Institute of Legal Costs Accountants (ILCA) highlighted a lack of clarity around the assigned hearing date shown on the legislative forms - Notice of Application for Adjudication (Party & Party and Legal Practitioner and Client)(O.99 r.23(1). In collaboration with the ILCA a new set of forms were designed by the office to run along-side the existing legislative forms - Notice of Hearing Date for Adjudication (Party & Party and Legal Practitioner and Client), with a practice direction issuing.

Practice Direction Number 1 of 2020 - Notice of a Hearing date for Adjudication – issued 27/02/20

Strategic Priority 3: Develop and Support Our People

The office relies on having staff that are well trained, dedicated and innovative to support the operational and strategic objectives of managing adjudication sittings, supporting the Legal Costs Adjudicators and meeting the evolving needs of court users.

In 2020 – In order to embed the new legislative regime and ICT system, a number of new work practices and procedures, in consultation with staff, were developed. Out of these a number of, quick guides were created, with training delivered to staff on same.

Additionally, a new Summary of Costs excel sheet was developed, in consultation with staff and court users, to align summary of costs information displayed on CSOL with the adjudicated allowed cost marked on the Bill of Costs and to provide a clear breakdown of adjudicated figures for both internal and external stakeholders. Thus improving the efficiency of the agreement of costs process, between the Office and the Legal Costs Accountants / Legal Practitioners. The staff, in order to fully utilise this new tool, completed Microsoft Office training offered by the Courts Service via the L&D Connect portal.

A Culture of innovative and continuous learning and development has been embedded in the office, through the use of the performance management system, with a focus on regular and effective conversations between managers and staff.

All of the above has enabled the delivery of an effective and efficient service to both the Legal Costs Adjudicators and court users, alike.

Strategic Priority 4: Improve Processes and Case Management

Working with the Adjudicators and other stakeholders, we continue to support improved access to justice through case management, collaboration and reform.

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In 2020, following the onset of the Pandemic, and the initial cessation of physical sittings. a meeting was held with stakeholders to trial the new VMR technology, to discuss the feasibility of remote call overs and gather input on what case types would best lend themselves to remote hearings.

Following this initiative a weekly remote call over was fixed for each Thursday, of the following weeks cases, so that those cases that were settled or for other reasons, no longer required a hearing date could be struck out and priority given to those cases going on for hearing.

The weekly remote call over, has acted as a valuable case management tool for both the Legal Costs Adjudicators and court users alike. It ensures the efficient management of cases, and use of Adjudicators and Court Users time, and has acted to reduce cases waiting times. As such it is likely that Remote call overs will continue to be the norm post pandemic.

Strategic Priority 5: Optimise Use of Technology

The increased use of technology is key to meeting the challenge of maintaining services to the Legal Costs Adjudicators, staff, legal costs accountants, legal professions and the public, and to meet legislative requirements and the demand for additional eGovernance and online services.

e-Filing platform - Uptake and Embedding

Phase one of the Courts Service ICT High Court e-filing of Applications for Legal Costs Adjudication project was launched following the commencement of part 10 of the Legal Services Regulation Act 2015 via the Court Services Online (CSOL) platform. The development of this facility allows legal practitioners and legal costs accountants to lodge Applications for Legal Costs Adjudication in the Office of the Legal Costs Adjudicators electronically in cases where parties are legally represented.

In 2020 work has been conducted to promote the uptake and embed the use of the new E-filing system both in terms of external and internal users. A set of ICT system quick guides were developed for internal users with the associated training delivered.

An ICT system user manual was developed and made available to all external users via the office’s website homepage and a circulation e-mailed to the office’s court list recipient group. The office staff, both, acted as a helpdesk in relation to users e-filing application queries and promoted the use of the manual throughout the year, as well as working to resolve any obstacles raised by the users. All of the above has resulted in the successful uptake and embedding of e-filing.

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Figure 8:- Photos of the External Manual for legal practitioners and legal costs accountants

Figure 9:- Photos of the Contents Page of the External Manual for legal practitioners and legal costs accountants

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In 2020 - 830 cases were filed, of these 585 cases were filed via the e-platform. The remaining 245 cases, comprised of 224 transitional cases, covered by the provisions contained in s.165 of the Legal Services Regulation Act, and 21 Legal Practitioner and Client cases, fell to be uploaded by the office.

Figure 10:- Screen shot of Court Service Online (CSOL) E-Filled Legal Costs Adjudication Applications

Development of Statistical Reporting Functionality

In order to generate and utilise targeted data from the Courts Service On-Line (CSOL) platform to optimise the legal costs adjudication process, increase overall efficiency and provide accurate data for inclusion in the office’s annual report, development of statistical report functionality is required.

In 2020 work has commenced on the development of statistical report functionality under the following three streams - Financial Reports, Workflow Reports and Annual Reports.

A number of reports have been developed under each of these streams, with additional ones to be developed in 2021.

Strategic Priority 6: Ensure Effective Governance and Accountability

Effective governance and accountability are priorities for the Office of the Legal Costs Adjudicators.

Demonstrate transparency and accountability

In 2020, the development of both financial and workflow reports has ensured submission of both an accurate and appropriate quarterly oversight of the work of the office to the Courts Service Senior Management Team and to the CEO of the Courts Service Ms. Angela Denning.

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Under section 146. (1) of the Legal Services Regulations Act, 2015 the Chief Legal Costs Adjudicator shall, not later than 30 April in each year, prepare a report (in this section referred to as the “annual report”) of the activities of the Office in the immediately preceding financial year and submit it to the Chief Executive Officer of the Courts Service.

Additionally, under section 146 (5) The annual report shall be laid before each House of the Oireachtas together with the annual report of the Courts Service.

The submission of the office’s annual report, in fulfilment of its statutory duties, ensures a transparent overview of the Year’s work conducted by the office.

Ensure compliance with the General Data Protection Regulation (GDPR), Data Protection, Act 2018.

Given the wide variety of cases dealt with by the office and the potential risk for breaches of the General Data Protection Regulation (GDPR), Data Protection, Act 2018 to occur, a GDPR culture has been embedded in the office. This has been achieved through staff meetings, briefings and training designed to build commitment to the culture and values of the Office.

Additionally a Certificate of In-Camera Status stamp and Form has been developed by the office, with a practice direction issuing in relation to the form, whereby any party who seeks to lodge a Bill of Costs for Adjudication, may only do so on completing and duly lodging, a Certificate of In Camera Status (Form No.18), with the Office of the Legal Costs Adjudicators.

Practice Direction 2 of 2020 – Certificate of In Camera Status – issued 27/02/20

3) Preparation and Issuing of Functional Guidelines for Consultation

It is a requirement of s. 142 of the Legal Services Regulation Act, 2015 that functional guidelines are to be prepared and issued after a consultation period. The Act provides

Guidelines on performance of functions of Chief Legal Costs Adjudicator under this Part

142. (1) After consulting with the Minister, the Minister for the Environment, Community and Local Government and any person or body that the Chief Legal Costs Adjudicator considers to be an appropriate person or body to be consulted for the purposes of this section, the Chief Legal Costs Adjudicator may from time to time prepare, for the guidance of Legal Costs Adjudicators, legal practitioners and the public, guidelines not inconsistent with this Act (including any regulations made under this Act) or Rules of Court indicating the manner in which the functions of the Chief Legal Costs Adjudicator and the Legal Costs Adjudicators are to be performed.

(2) The Chief Legal Costs Adjudicator shall ensure that guidelines prepared by him or her under this section are published as soon as practicable after the guidelines have been prepared.

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(3) Without prejudice to the generality of subsection (1), guidelines under this section may—

(a) describe the procedures for the adjudication of legal costs under this Part,

(b) set out the documents and other information that are required by or under this Part to accompany an application for the adjudication of legal costs,

(c) describe the notices and other information that will be provided by the Legal Costs Adjudicator in relation to any such applications,

(d) identify the provisions of this Part and the Rules of Court relevant to an application, including those relating to the time limits within which the documentation and information referred to in paragraph (b) are to be provided,

(e) describe the procedures that are to be followed in the Office of the Legal Costs Adjudicators in relation to the adjudication of legal costs,

(f) provide guidance as to the circumstances in which a Legal Costs Adjudicator may exercise his or her powers under subsection (4) or (5) of section 156 ,

(g) set out the fees that are to be charged in the Office of the Legal Costs Adjudicators in respect of the services provided by it, and the manner in which those fees may be paid,

(h) provide such other information as appears to the Chief Legal Costs Adjudicator to be appropriate, having regard to the purposes of the guidelines referred to in subsection (1).

The draft guidelines were prepared and issued for consultation in accordance with the provisions above in 2020. It is expected that these will be finalised, taking on board submissions and comments made. These guidelines will be published on the Office of the Legal Costs Adjudicators website home page on www.courts.ie in 2021.

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CHAPTER 3 - Office of the Legal Costs Adjudicators Governance and Management Structure

Figure 11:- Office of the Legal Costs Adjudicator Governance Structure

Figure 12:- Office of the Legal Costs Adjudicator Management Structure

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CHAPTER 4 - Activity

1. Total Number of Applications filed in 2020 A total number of 830 applications were filed in 2020. Because of the dates of the High Court Orders and on their own facts, 224 of these fell to be dealt with as an Adjudication having regard to the transitional provisions contained in s.165 of the Legal Services Regulation Act, which provides

Transitional — matters in course and legal proceedings 165. (1) Where, before the day on which this subsection comes into operation, a matter has been referred for taxation and a hearing has taken place on the matter, whether before a Taxing-Master or a County Registrar exercising the powers of a Taxing-Master, the matter shall be dealt with in accordance with the applicable law as it stood before that day notwithstanding the provisions of this Part.

(2) Where, before the day on which this subsection comes into operation, a decision has been made on a matter referred to taxation, any review of the decision shall be determined in accordance with the applicable law as it stood before that day, notwithstanding the provisions of this Part.

(3) Where, before the day on which this subsection comes into operation, a matter has been referred for taxation but a hearing has not yet taken place on the matter, the matter shall be dealt with as though the referral were an application for adjudication of legal costs under section 154 made on the day on which the matter was referred for taxation.

(4) Where, immediately before the day on which this subsection comes into operation, any legal proceedings are pending to which a Taxing-Master, or a County Registrar exercising the powers of a Taxing-Master, is a party and the proceedings have reference to any functions that on or after that day are functions of the Chief Legal Costs Adjudicator or a Legal Costs Adjudicator, the name of the Chief Legal Costs Adjudicator or Legal Costs Adjudicator, as the case may be, shall, in so far as the proceedings relate to those functions, be substituted in those proceedings for that of the Taxing-Master, or County Registrar, or added in those proceedings, and those proceedings shall not abate by reason of such substitution.

Comparison – 2020 and 2019.

The tables and the graphics below indicate that at the end of 2019, some 602 cases were on hand. This includes the cases which were transferred over to the Office of the Legal Costs Adjudicators, following the abolition of the Taxing Masters Office. As 2020, represents the first full year of operation of the Office, a total of 830 cases were received. In order to give some useful comparison, in percentage terms this represents an increase of 228 cases or a round figure percentage of 38%.

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As the figures show, the quantum of the cases in hand increased significantly from €89,710,519 to €113,211,333, an increase in the sum of €23,500,814. In percentage terms an increase of about 26%. A breakdown of the type and status of the cases filed in 2020 versus those on hand on establishment day in 2019 can be seen from the graphic below – demonstrating the wide variety of cases dealt with by the office.

Page | 25 Annual Report 2020

Filed Cases by Originating Case Type – In List Form

2020 2019 Originating Case Type No. of Amount No. of Amount Cases Claimed € Cases Claimed € Road Traffic Accidents 171 12,970,373 152 11,890,465 Employer & Occupiers Liability 130 10,770,634 86 9,312,701 Judicial Review 114 13,603,980 60 6,372,656 Other - Litigation 81 7,298,594 14 3,310,125 Medical Negligence 53 20,878,825 67 22,926,116 Motions Interlocutory 39 2,225,020 60 3,276,650 Public Liability 33 2,250,298 31 3,209,097 Contract 24 4,947,157 32 6,443,082 Appeal - Court of Appeal 21 2,045,724 23 5,998,218 Immigration Law 18 2,306,602 1 102,189 Probate Matters 15 458,052 3 214,438 Appeal - Supreme Court 13 2,531,850 11 1,680,089 Constitutional Law 13 387,731 1 1,802,773 Tribunal of Inquiry 10 16,114,513 5 1,872,746 Family Law 10 1,764,998 1 7,479 Defamation. Libel & Slander 9 2,251,529 11 2,763,622 Commercial Court 9 3,836,282 4 5,404,301 Solicitors Acts 8 163,694 8 332,088 Employment Law 8 863,655 1 41,879 Arbitration 7 1,382,321 3 259,544 Companies Act 7 333,724 3 41,887 Assault & Battery 6 1,078,775 7 760,953 Security for Costs 6 299,483 - - Legal Practitioner and Client 6 580,529 - - Planning Matters 4 639,825 1 179,391 Article 40/Habeas Corpus 3 101,310 1 300,992 Injunctions 3 381,873 - - Other - Professional Negligence 3 218,069 - - Wards of Court 1 29,453 7 473,623 Bankruptcy 1 192,136 3 178,912 Garda Compensation Acts 1 29,800 2 57,665 Sale of Land 1 233,829 1 182,459 Judgement Mortgage 1 12,576 - - Residential Institutions Redress Board 1 28,117 - - Case Stated - - 2 236,927 Pension Matters - - 1 77,452

Total 830 €113,211,333 602 €89,710,519 Figure 13:- Table showing the breakdown of Legal Costs Adjudication applications by originating case type in 2020 & 2019

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Originating Case Type – By Area

Legal Costs Adjudication Applications by Originating Case Type 180 (2020 -v- 2019) 160 140 120 100 80 60 40 20 0

2020 2019

Figure 14:- Graph of Number of Legal Costs Adjudication Applications Filed per Case Type in 2020 and 2019

Originating Case Type – Monetary Value

Legal Costs AdjudicationApplications Total Amount Claimed in Monetary terms By Originating Case Type (2020 - v- 2019) 25,000,000

20,000,000

15,000,000

10,000,000

5,000,000

2020 2019

Figure 15:- Graph of Total Amount Claimed in Legal Costs Adjudication Applications per Case Type in 2020 and 2019

2. Year End Case Status It is part of the landscape of the business of the Office, that cases that may have been adjourned, part settled or part heard, will be dealt with across the calendar year. Thus it emerges that a total number of 1,005 cases were dealt with in 2020. This is comprised of the 830 applications filed in 2020 and 175

Page | 27 Annual Report 2020

cases from 2019, having been adjourned into 2020 or re-listed on request of the parties. The result is that the Office had on hand claims for €146,801,262.

This can be illustrated in the graphic below.

Originating Case Type No. of Cases Amount Claimed € Road Traffic Accidents 200 15,916,243 Employer and Occupiers Liability 146 12,520,869 Judicial Review 123 15,130,413 Other - Litigation 86 9,226,659 Medical Negligence 77 29,752,414 Motions Interlocutory 64 3,919,953 Public Liability 40 3,983,734 Contract 39 7,854,737 Appeal - Court of Appeal 28 3,278,116 Immigration Law 18 2,306,602 Probate Matters 17 660,867 Appeal - Supreme Court 16 3,303,863 Defamation, Libel and Slander 16 4,742,290 Solicitors Acts 16 495,782 Constitutional Law 14 2,190,503 Tribunal of Inquiry 14 17,919,920 Commercial Court 10 4,094,743 Family Law 10 1,764,998 Arbitration 9 1,560,757 Assault & Battery 8 1,308,053 Companies Act 8 349,792 Employment Law 8 863,655 Legal Practitioner and Client 6 580,529 Security for Costs 6 299,483 Planning Matters 5 819,215 Article 40/Habeas Corpus 4 402,302 Bankruptcy 4 371,048 Injunctions 3 381,873 Other - Professional Negligence 3 218,069 Wards of Court 2 105,364 Case Stated 1 174,095 Garda Compensation Acts 1 29,800 Judgement Mortgage 1 12,576 Residential Institutions Redress Board 1 28,117 Sale of Land 1 233,829

Total 1,005 €146,801,262 Figure 16:- Table showing the breakdown of Legal Costs Adjudication Cases, dealt with during 2020, by originating case type

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A breakdown of the cases dealt with in the period 1st January 2020 to 31st December 2020, demonstrates that 52% of the cases were settled between the parties, 10% were determined and concluded, 37% are as of the end of December 2020, adjourned pending further hearings, or the matters are subject to further mediation or negotiation. There is a total of 13 in number or less than 1% of these cases subject to a request for consideration in accordance with s.160 of the 2015 Act.

LEGAL COSTS ADJUDICATION APPLICATIONS STATUS % BREAKDOWN (JAN - DEC 2020)

Settled Adjourned Determined Under Consideration

10% 1%

52% 37%

Figure 17:- Graph of Year End - Legal Costs Adjudication Applications Case Status

Case Status No. of Cases % Settled 522 52 Adjourned/Part heard 369 37 Determined 101 10 Under Consideration 13 1

Total 1,005 100 Figure 18:- Table of 2020 Year End - Legal Costs Adjudication Applications Case Status

3. Settled Cases In many instances, the parties to an Adjudication, will take the opportunity to resolves disputes regarding legal costs. The Office of the Legal Costs Adjudicators facilitates the resolution of disputes. In keeping with many adjudicative processes, parties often resolve their disputes close to, during, or after a hearing. The 2015 Act, provides in s. 153 (2) that in the event of a dispute between a legal practitioner and client,

Page | 29 Annual Report 2020

that the parties shall take all appropriate steps to attempt to resolve the dispute. The relevant provisions are as follows

Legal practitioner to attempt to resolve dispute 153. (1) Where a client disputes any aspect of a bill of costs, he or she shall, within 21 days of the bill of costs being provided to him or her under section 152 , send the legal practitioner concerned a statement in writing setting out the nature of the dispute.

(2) Where a legal practitioner receives a statement in accordance with subsection (1), he or she shall, before making an application under section 154 (5), take all appropriate and reasonable steps to attempt to resolve the dispute by informal means, which may include, where appropriate and with the consent of the client, mediation.

(3) Where the legal practitioner or the client, as the case may be, having made reasonable attempts to resolve the dispute in accordance with subsection (2), is of the opinion that the attempt has failed, he or she shall inform the other party in writing of that opinion.

(4) In reckoning the period of time for the purposes of subsection (5) or (7) of section 154 , the period beginning on the date on which the client sends the legal practitioner a statement under subsection (1) and ending on the date on which the legal practitioner or the client, as the case may be, informs the other party of his or her opinion referred to in subsection (3), shall be disregarded.

(5) Failure by a client to pay a bill of costs to a legal practitioner within the time period referred to in section 154 (5) shall not be construed as a formal communication of the existence of a dispute by the client to the legal practitioner.

There is also power within s.156(2) that a Legal Costs Adjudicator can invite the parties to an Adjudication to refer their disputes to mediation. The relevant provisions are as follows

(2) A Legal Costs Adjudicator may invite the parties to an adjudication to refer their dispute to mediation or another informal resolution process if he or she considers that to do so would be appropriate in all the circumstances, whether or not any of the parties have requested that the Legal Costs Adjudicator do so.

(3) If the parties agree to refer their dispute to mediation or other process referred to in subsection (2), the Legal Costs Adjudicator shall adjourn the determination of the application and may give any other direction that he or she considers will facilitate the resolution of the dispute.

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As indicated previously 52% of the total cases dealt with in the period 1st January 2020 to 31st December 2020, were settled between the parties. The breakdown of settled cases is shown below: -

Settled cases – By List Type Total Amount Claimed Settled Cases - No. of € Road Traffic Accidents 110 8,037,581 Employer and Occupiers Liability 95 8,677,546 Judicial Review 79 8,054,853 Medical Negligence 54 13,883,826 Other - Litigation 41 3,595,649 Public Liability 24 1,340,832 Motions Interlocutory 23 1,794,635 Contract 16 3,913,856 Constitutional Law 12 35,066 Immigration Law 11 1,286,827 Appeal - Court of Appeal 10 1,291,032 Tribunal of Inquiry 10 16,469,644 Appeal - Supreme Court 5 800,534 Defamation, Libel and Slander 5 704,985 Family Law 5 1,233,087 Legal Practitioner and Client 5 574,994 Employment Law 4 349,310 Commercial Court 3 567,168 Companies Act 3 273,089 Arbitration 2 163,660 Assault & Battery 2 336,499 Probate Matters 2 40,965 Security for Costs 1 56,593.67

Total 522 €73,482,231 Figure 19:- Table showing the breakdown of settled cases by originating case type in 2020

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Settled Cases - By Case Type

Settled Cases No. Breakdown by Originating Case Type (Jan - Dec 2020) 120 100 80 60 40 20 0

Figure 20:- Graph of Settled Cases - No. breakdown by Originating Case Type

Settled Cases - By Monetary Value

Settled Cases Total Amount € Claimed Per Originating Case Type (Jan - Dec 2020) 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0

Figure 21:- Graph of Settled Cases - Total Amount Claimed € per Originating Case Type

4. Adjourned Cases There are many reasons why matters may be adjourned. This is relevant where matters are under active discussion or a party was not in a position to proceed for one reason or another. In general terms, the Office tries to have a presumption against adjournment applications, without good reasons. Another reason is the short period of time for reporting and the implementation of new systems, New Rules of the Superior Courts and a variation of the application of the 2015 Act. All of these factors combined indicate that whilst matters are getting on for hearing in a short period of time, some flexibility was necessary for all concerned parties. Cases may be adjourned for written determinations.

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During 2020, the prevailing conditions caused by the pandemic, certainly affected the ordinary conduct of business. In general, matters took longer, including remote hearings, the absence of parties’ legal representatives from offices and business premises, inevitably fed into the elongation of the process.

In so far as the Office of the Legal Costs Adjudicators was concerned, the application of fair procedures and due process had to be balanced with any perception of the prevailing pandemic being used as an artifice to avoid dealing with matters of legal costs or creating an unfair process to another party. This required care and consideration in handling adjudication of costs. It is also a fact, that not all parties are equipped with the facility to deal with matters online. This process was managed carefully by the Legal Costs Adjudicators so as to maintain a balance between all parties to the process so as to ensure fairness.

5. The Value of Legal Costs in issue The office had, in the period 1st January 2020 to 31st December 2020, claims for legal costs and expenses for adjudication in the sum of €146,880,633, illustrated as follows: -

Case Status Total Amount Claimed € Under Consideration 3,324,470 Determined 9,734,722 Adjourned/Part heard 60,259,839 Settled 73,482,231

Total €146,801,262 Figure 22:- Table of Total Amount Claimed € in Legal Costs Adjudication Applications in 2020 per Case Status

Legal Costs Adjudication Applications Total Amount € Claimed Per Case Status (Jan - Dec 2020)

SETTLED 73,482,231

ADJOURNED 60,259,839

DETERMINED 9,734,722

UNDER CONSIDERATION 3,324,470

0 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 80,000,000

Figure 23:- Graph of Total Amount Claimed in Legal Costs Adjudication Applications per Case Status

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6. Determined Cases The cases completed and determined, which are not under negotiation or subject to a consideration are as below:-

Total Determinations Total Total No. of Amount % Originating Case Amount Amount Cases. Deducted Disallowed Types Claimed € Allowed € € Road Traffic Accidents 20 1,678,455 519,859 1,158,596 31 Motions Interlocutory 19 1,184,716 407,657 777,059 34 Employer and Occupiers Liability 9 511,215 126,591 384,624 25 Contract 8 540,648 241,401 299,248 45 Appeal - Court of Appeal 7 794,291 439,776 354,515 55 Judicial Review 6 921,187 436,512 484,674 47 Other - Litigation 5 202,249 71,076 131,173 35 Solicitors Acts 5 178,590 41,726 136,864 23 Companies Act 4 58,914 12,952 45,961 22 Public Liability 4 1,025,072 317,595 707,477 31 Assault & Battery 2 229,277 62,960 166,318 27 Probate Matters 2 122,049 26,297 95,752 22 Tribunal of Inquiry 2 328,706 199,017 129,689 61 Arbitration 2 50,750 12,708 38,043 25 Appeal - Supreme Court 1 13,274 6,800 6,474 51 Commercial Court 1 1,441,753 305,492 1,136,261 21 Defamation, Libel and Slander 1 177,585 30,593 146,992 17 Family Law 1 170,224 73,954 96,270 43 Medical Negligence 1 30,676 11,219 19,457 37 Planning Matters 1 75,091 42,959 32,132 57

Total 101 €9,734,722 €3,387,143 €6,347,579 35 Figure 24:- Table Breakdown of Determined Cases per Originating Case Type

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Of the amount claimed, approximately 65% of the amounts claimed were allowed. This is not suggestive that 35% of all the costs claimed were unreasonable, there are many reasons why costs incurred may not be recovered, such as a limitation on the amount recoverable, having regard to the terms of settlement or a Court Order or a difference in the interpretation of a liability for costs, or in some cases, the type of costs sought may not simply be recoverable on the applicable law or facts of the case. The powers contained within Part 10 of the Legal Services Regulation Act, 2015 include the particulars of the enquires required to be made by the Legal Costs Adjudicator so as to ensure that the claims presented and adjudicated are reasonable in amount.

Determined Applications % of Total Costs Claimed, Allowed and Disallowed (Jan 2020 - Dec 2020)

35% % Total Amount Deducted % Total Amount Certified

65%

Figure 25:- Graph of % of Total Costs Claimed – Allowed and Disallowed in Determined Cases

In monetary terms, the result is as below

Determined Applications Value € of Total Costs Claimed, Allowed and Disallowed (Jan - Dec 2020)

TOTAL AMOUNT ALLOWED € 6,347,579

TOTAL AMOUNT DEDUCTED € 3,387,143

TOTAL AMOUNT CLAIMED € 9,734,722

0 2,000,0004,000,0006,000,0008,000,00010,000,00012,000,000

Figure 26:- Graph of Amount € of Total Costs Claimed - Allowed and Disallowed in Determined Cases

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The chart below takes each case determined by case type in monetary terms.

Determined Cases Total Amount Claimed € Per Originating Case Type (Jan - Dec 2020) 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0

Figure 27:- Graph of Total Amount € of Costs Claimed Per Originating Case Type in Determined Cases

Looked at side by side as to claim and allowance

Determined Cases Amount Amount Allowed and Disallowed Per Originating Case Type (Jan - Dec 2020) 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0

Total Amount Deducted € Total Amount Allowed €

Figure 28:- Graph of Amount € - Allowed and Disallowed Per Originating Case Type in Determined Cases

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The number of cases determined by case type is as follows.

Determined Cases No. Breakdown by Originating Case Type (Jan - Dec 2020) 25

Figure 29:- Graph of Determined Cases - No. breakdown by Originating Case Type

7. Register of Determinations The Legal Services Regulation Act, at s.140 provides that a Register of Determinations is to be maintained. With certain exceptions, that the outcome of Adjudications are to be written and published by way of Reports. The Act provides as follows

140. (1) The Chief Legal Costs Adjudicator shall ensure that a register of determinations is established and maintained in relation to applications for adjudication of legal costs under this Part.

(2) Subject to this section, the register of determinations shall contain the following particulars in relation to each application:

(a) the date of the receipt by the Office of the application;

(b) the names of the parties to the adjudication;

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(c) the date of receipt by the Office of the bill of costs and each other document in connection with the application, including, if the application arises from contentious business, the title of the proceedings and record number of the proceedings (if any);

(d) the date on which the adjudication is assigned and, where the adjudication is assigned to a Legal Costs Adjudicator, the Legal Costs Adjudicator to whom the adjudication is assigned;

(e) the outcome of determination made under section 157 (1) and the dates on which it was made and on which the notice of it was furnished to the parties;

(f) where a party applies under section 160 for a determination to be considered, the date on which the Legal Costs Adjudicator concerned makes his or her decision under section 160 (5), the date on which notice of that decision is furnished to the parties and, where a new determination is made under section 160 (5)(b), the outcome of that determination;

(g) where a party applies under section 161 for a review of a determination made under section 160 , the date on which the High Court determines that review, the outcome of the review and, where the High Court remits the matter under section 161 (4)(b)(i), the determination of the Legal Costs Adjudicator to whom the matter is remitted;

(h) the reasons for the determination, prepared by the Chief Legal Costs Adjudicator in accordance with subsection (3).

(3) Subject to subsections (4) to (7), the Chief Legal Costs Adjudicator shall prepare, and cause to be placed on the register of determinations, the reasons for a determination unless—

(a) the adjudication relates to an application for adjudication of legal costs as between the parties to proceedings which—

(i) were held otherwise than in public, or

(ii) if there had been a hearing, would have been held otherwise than in public,

(b) the adjudication relates to an application for adjudication of legal costs as between a legal practitioner and his or her client,

(c) the adjudication relates to an application for adjudication of legal costs as between the parties to proceedings where the proceedings have been settled prior to the conclusion of the hearing by a court of the proceedings, or

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(d) the Chief Legal Costs Adjudicator considers, having obtained the views of the parties to the adjudication, that it would be contrary to public interest for that information to be published.

(4) For the purposes of subsection (3), the Chief Legal Costs Adjudicator need not publish the reasons for a determination where he or she is of the opinion that the adjudication concerned does not involve a matter of legal importance.

(5) Where paragraph (a), (b) or (c) of subsection (3) applies, notwithstanding that subsection and subsection (2), the Chief Legal Costs Adjudicator shall cause to be published the outcome of and the reasons for the determination, as well as the information referred to in paragraphs (b) and (c) of subsection (2), in such a manner that—

(a) where subsection (3)(a)(i) applies, information which is protected from disclosure by reason of those proceedings is not disclosed,

(b) where subsection (3)(a)(ii) applies, information is not disclosed which would have been protected from disclosure if the matter had been disposed of by proceedings which would have been held otherwise than in public, and

(c) where subsection (3)(b) applies, the client concerned may not be identified, whether by name, address, or economic activity.

(6) Where the adjudication concerned relates to legal costs as between parties to proceedings, or a legal practitioner and his or her client, the Chief Legal Costs Adjudicator shall ensure that the information referred to in subsection (2) is published in such a manner that commercially sensitive information relating to either party, or to the client, as the case may be, is not disclosed.

(7) A reference to a determination in subsection (2)(h) shall be construed, as the case may be, as a reference to—

(a) subject to paragraphs (b) and (c), a determination made under section 158 (1),

(b) subject to paragraph (c), where a party applies under section 160 for a determination to be considered, and a new determination is made under section 160 (5)(b), that determination, or

(c) where a party applies under section 161 for a review of a determination made under section 160 , and the High Court remits the matter under section 161 (4)(b)(i), the determination under that provision of the Legal Costs Adjudicator to whom the matter is remitted.

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(8) The register of determinations shall be available for inspection without payment, during office hours by any person who applies to inspect it, and on a website of the Courts Service.

Determined Case Status No. Published 32 Withheld 62 Other 20

Total No. of Determinations 114

Figure 30:- Table of Determined Cases Status in relation to the Register of Determinations

A total of 114 cases were determined in the period between 1st January 2020 and 31st December 2020. Of these, 28% are published and uploaded to the Register. 54% of the cases, were subject to the restrictions contained within s.140 and 18% have yet to be uploaded. Determined cases, which are subject to being uploaded to the Register of Determinations, have reports prepared in accordance with s. 157(8) and s.157(9) of the Act, which provides that when an Adjudicator has completed the Determination on an item or a series of items, the Act provides

Determination of applications

157. (1) A Legal Costs Adjudicator, having considered an application in accordance with section 155 , shall, in accordance with this section, make a determination in respect of that application.

(2) A determination shall, as soon as practicable after it is made, be furnished to the parties to the adjudication.

(3) Subject to the other provisions of this section, and the principles relating to legal costs specified in Schedule 1, a Legal Costs Adjudicator shall confirm the charge in respect of an item of legal costs the subject of the application if, having regard to the matters that he or she considered and ascertained under section 155 , he or she considers that—

(a) charging in respect of the item is fair and reasonable in the circumstances, and

(b) the amount charged in the bill of costs in respect of that item is fair and reasonable in the circumstances.

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(4) A Legal Costs Adjudicator shall, if he or she determines that it is fair and reasonable to charge an amount in respect of an item but that the amount of the charge in respect of the item is not fair and reasonable, determine a different amount to be charged in respect of that item.

(5) A Legal Costs Adjudicator shall not confirm an amount for a disbursement unless—

(a) there is a valid voucher or receipt in respect of the disbursement, or

(b) the parties have agreed, and the Legal Costs Adjudicator is satisfied, that such a voucher or receipt is not required.

(6) A Legal Costs Adjudicator shall not confirm a charge in respect of a matter or item if the matter or item is not included in a notice referred to in section 150 or, as the case may be, is not the subject of an agreement referred to in section 151 , unless the Legal Costs Adjudicator is of the opinion that to disallow the matter or item would create an injustice between the parties.

(7) If a Legal Costs Adjudicator is of the opinion that a party to the application has neglected or refused to provide documents, and that the refusal or neglect would likely be prejudicial to the interests of one or more of the other parties, the Legal Costs Adjudicator shall, in order to minimise the prejudice to those interests—

(a) determine the application to the extent possible in the circumstances, and

(b) determine that only a nominal amount is to be payable to the party who has neglected or refused to provide the required documentation.

(8) The Legal Costs Adjudicator, having made a determination, shall prepare a report under subsection (9) —

(a) where he or she considers it to be in the public interest, or

(b) upon request by any party to the adjudication, made not later than 14 days after the making of the determination.

(9) A report referred to in subsection (8) shall set out the matters or items the subject of the adjudication and a brief outline of the background to the provision of the legal services concerned and the principal issues relating to the context of the provision of those services and—

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(a) specify the work involved relating to the matters or items the subject of the adjudication which was considered in reaching the determination,

(b) specify the various stages of the legal services and the stage of the legal process at which such work was carried out by reference to distinct aspects of the course of the work,

(d) give reasons for his or her determination.

(10) A copy of any report under subsection (8) shall be furnished to any requesting party to the adjudication as soon as practicable after it has been prepared.

The volume of cases available to view on the Register has increased in accordance with the number of cases determined. This has required the application of significant resources on the part of the Legal Costs Adjudicators, in addition to their role of dealing with cases and public sittings, preparation of written determinations and extraction of information for incorporation on the register is conducted on an ongoing basis. The appointment of a third Legal Costs Adjudicator in 2020, will assist in the process going forward.

Published Withheld To be completed

18% 28%

54%

Figure 31:- Graph of Determined Cases Status in relation to the Register of Determinations

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Determination Reason Withheld No. Under s.140 (3)(a) (i) 9 s.140 (3)(b) 2 s.140 (3)(c) 36 s.140 (3)(d) 1 s.140 (4) 14

Total Withheld 62 Figure 32:- No. of Determinations withheld from the Register of Determinations under the relevant section of the Legal Services Regulation Act, 2015

Determination Reason Withheld Under the Relevant Section of the Legal Services Regulations Act, 2015

14% 23% s.140 (3)(a) (i) 3% s.140 (3)(b) 2% s.140 (3)(c) s.140 (3)(d) s.140 (4) 58%

Figure 33:- Graph showing the % of Determinations withheld from the Register of Determinations under the relevant section of the Legal Services Regulation Act, 2015

Determination Reason Published No. Under s.157(9) 33 s.160 3

Total Published 36 Figure 34:- No. of Reports published on the Register of Determinations under the relevant section of the Legal Services Regulation Act, 2015

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Determination Reason Published Under the Relevant Section of the Legal Services Regulation Act, 2015

s.157(9) s.160

92%

Figure 35:- Graph showing the % of Determinations published on the Register of Determinations under the relevant section of the Legal Services Regulation Act, 2015

8. Request for Consideration Any party who is dissatisfied with a Determination made by a Legal Costs Adjudicator can apply pursuant to s.160 of the Act for a Consideration. The relevant section provides

Consideration by Legal Costs Adjudicator of determination

160. (1) Where a party to an adjudication is dissatisfied with a decision of a Legal Costs Adjudicator under section 157 to confirm a charge, not to confirm a charge or to determine a different amount to be charged in respect of a matter or item the subject of the adjudication, he or she may, within 14 days of the date on which the determination is furnished to him or her under section 157 (2), apply to the Legal Costs Adjudicator for the consideration of the decision and the making of a determination under this section.

(2) An application under subsection (1) shall be—

(a) in such form as may be specified in rules of court or, where applicable, under section 166, and shall specify by a list in a short and concise form the matters or items, or parts thereof, to which the decision of the Legal Costs Adjudicator being objected to relates and the grounds and reasons for such objections, and

(b) made on notice to the other party to the adjudication.

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(3) The Legal Costs Adjudicator shall, if he or she considers it appropriate to do so, and upon the application of the party entitled to the costs, issue an interim determination pending consideration of an application under subsection (1), in respect of—

(a) the remainder of the matters or items in the determination to which no objection has been made, and

(b) such of the matters or items that are subject of the application as the Legal Costs Adjudicator considers reasonable.

(4) For the purposes of an application under subsection (1), the Legal Costs Adjudicator shall reconsider and review his determination having regard to the matters or items specified under subsection (2)(a), and sections 155 to 158 shall apply in relation to such a consideration.

(5) The Legal Costs Adjudicator, having considered an application under this section may decide—

(a) not to vary his or her determination, or

(b) to make a new determination,

and the determination referred to in paragraph (a) or (b) shall, subject to section 161 , take effect immediately.

(6) The functions of a Legal Costs Adjudicator in relation to an application under this section shall, insofar as practicable, be performed by the Legal Costs Adjudicator who made the determination to which the application relates.

As matters stood at 31st December 2020, 1% of all cases were subject to a Request for Consideration. It follows that as the number of cases are Adjudicated, that this number will increase. In addition, a decision by a Legal Costs Adjudicator on a Consideration, is subject to Review by the High Court in accordance with s.161 of the Act, which provides.

Review of determination of Legal Costs Adjudicator

161. (1) A party to an adjudication who has made an application under section 160 may, not later than 21 days after the date on which the Legal Costs Adjudicator has made his or her determination under section 160 (5), apply to the High Court for a review of the determination concerned.

(2) A review under this section shall be made by motion on notice to all other parties to the adjudication and the Chief Legal Costs Adjudicator.

(3) The court shall hear and determine the review on the evidence that was tendered to the Legal Costs Adjudicator unless the court orders that other evidence be submitted.

Page | 45 Annual Report 2020

(4) The court shall, having heard the review under subsection (1) —

(a) confirm the determination of the Legal Costs Adjudicator, or

(b) allow the review and—

(i) remit the matter to the Legal Costs Adjudicator to determine the adjudication in accordance with the decision of the court, or

(ii) substitute its own determination for that of the Legal Costs Adjudicator.

(5) The High Court shall allow a review under subsection (4)(b) only where it is satisfied that the Legal Costs Adjudicator has, in his or her determination, erred as to the amount of the allowance or disallowance so that the determination is unjust.

(6) In this section “court” means—

(a) if the adjudication the subject of the review is in relation to party and party costs, the court that heard the proceedings to which those costs relate, and

(b) in any other case, the High Court.

The cases subject to a Request for Consideration in the period 1st January to 31st December 2020 are as follows.

Request for Consideration– In List Form

Consideration No. of Total Amount Originating Case - Cases Claimed € Defamation, Libel and Slander 3 1,872,342 Road Traffic Accidents 3 337,850 Solicitors Acts 3 175,308 Other - Litigation 2 34,155 Appeal - Supreme Court 1 730,719 Case Stated 1 174,095

Total 13 3,324,470 Figure 36:- Table showing the breakdown of cases Under Consideration by originating case type

Page | 46 Annual Report 2020

Request for Consideration– Graphic by Originating Case Type

Cases Under Consideration No. Breakdown by Originating Case Type 3.5

2.5

1.5

0.5

0 Defamation, Road Traffic Solicitors Acts Other Appeal - Case Stated Libel and Accidents Supreme Slander Court

Figure 37:- Graph of breakdown of cases Under Consideration by originating case type

Request for Consideration–Graphic by Amount and by Area

Cases Under Consideration Total Amount Claimed € Per Originating Case Type 2,000,000 (Jan - Dec 2020) 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 Defamation, Road Traffic Solicitors Other Appeal - Case Stated Libel and Accidents Acts Supreme Slander Court

Figure 38:- Graph of Cases Under Consideration - Total Amount Claimed € per Originating Case Type

Page | 47 Annual Report 2020

CHAPTER 5 - County Registrars Summary Report

It is a requirement of s. 141(5) that a County Registrar is to report to the Chief Legal Costs Adjudicator, as follows

(5) Each County Registrar shall report annually to the Chief Legal Costs Adjudicator providing a summary of the information contained in the register of taxation determinations maintained by him or her.

The information received by the Chief Legal Costs Adjudicator, from the County Registrars for the relevant period is shown below:-

Taxation Applications Year End Status No. of Cases Struck Out 42

Adjourned 26

Settled 114

Certified 190

Total 372

Figure 39:- Table of Year End – Case Status reported by County Registrars

TAXATION APPLICATIONS STATUS % BREAKDOWN (JAN - DEC 2020)

11%

51%

31%

Struck Out Adjourned Settled Certified

Figure 40:- Graph of Year End – Taxation Case Status reported by County Registrars

Page | 48 Annual Report 2020

Taxation Applications Year End Status in List Form – by Circuit

Taxation Applications Year No. No. No. No. % Certified End Status by Circuit Struck Out Adjourned Settled Certified

Dublin Circuit 39 1 60 78 44 Northern Circuit 1 6 7 13 48 Midland Circuit 1 2 13 14 47 Eastern Circuit 0 12 12 28 54 South Western Circuit 0 0 0 13 100 South Eastern Circuit 0 2 16 31 63 Western Circuit 1 3 6 13 57

Total 42 26 114 190 51 Figure 41:- Table showing the breakdown of taxation applications by Circuit for the period 1/01/20 to 31/12/20

Taxation Applications Year End Status Graphic – by Circuit

Taxation Applications Year End Status By Circuit (Jan - Dec 2020) 90 80 70 60 50 40 30 20 10 0 Dublin Circuit Northern Midland Eastern South South Eastern Western Circuit Circuit Circuit Western Circuit Circuit Circuit

Struck Out Adjourned Settled Certified

Figure 42:- Graph of Taxation Applications Year End Status by Circuit

Page | 49 Annual Report 2020

Taxations Certified in Monetary List Form – Dublin Circuit

Total Total Total Amount Amount Amount Date of Circuit Claimed € Deducted € Certified € Determination Outcome Dublin Circuit 22,074 6,423 16,899 16/01/2020 Certified Dublin Circuit 20,888 3,902 18,339 16/01/2020 Certified Dublin Circuit 3,069 0 3,309 16/01/2020 Certified Dublin Circuit 7,097 1,280 6,281 16/01/2020 Certified Dublin Circuit 21,980 969 22,691 30/01/2020 Certified Dublin Circuit 18,787 940 19,271 30/01/2020 Certified Dublin Circuit 24,686 2,588 23,858 30/01/2020 Certified Dublin Circuit 20,841 840 21,601 30/01/2020 Certified Dublin Circuit 27,217 8,877 19,804 06/02/2020 Certified Dublin Circuit 52,588 8,893 47,183 06/02/2020 Certified Dublin Circuit 21,278 7,416 14,966 13/02/2020 Certified Dublin Circuit 16,263 3,534 13,746 13/02/2020 Certified Dublin Circuit 12,678 1,116 12,482 13/02/2020 Certified Dublin Circuit 7,255 1,872 5,807 13/02/2020 Certified Dublin Circuit 19,429 4,149 16,497 13/02/2020 Certified Dublin Circuit 16,684 2,673 15,131 20/02/2020 Certified Dublin Circuit 18,548 3,491 16,257 20/02/2020 Certified Dublin Circuit 15,581 4,826 11,611 20/02/2020 Certified Dublin Circuit 17,939 5,801 13,105 20/02/2020 Certified Dublin Circuit 31,310 12,906 19,875 20/02/2020 Certified Dublin Circuit 20,039 6,812 14,283 27/02/2020 Certified Dublin Circuit 12,806 200 13,614 27/02/2020 Certified Dublin Circuit 13,087 201 13,910 27/02/2020 Certified Dublin Circuit 12,819 508 13,295 27/02/2020 Certified Dublin Circuit 16,809 7,692 9,845 05/03/2020 Certified Dublin Circuit 18,023 219 19,228 05/03/2020 Certified Dublin Circuit 14,842 2,743 13,059 12/03/2020 Certified Dublin Circuit 12,632 4,114 9,197 12/03/2020 Certified Dublin Circuit 29,588 9,235 21,976 30/06/2020 Certified Dublin Circuit 31,848 5,224 28,752 15/07/2020 Certified Dublin Circuit 15,323 3,254 13,029 15/07/2020 Certified Dublin Circuit 21,237 0 22,933 15/07/2020 Certified Dublin Circuit 27,257 8,242 20,534 15/07/2020 Certified Dublin Circuit 16,109 0 17,397 15/07/2020 Certified Dublin Circuit 32,896 3,400 31,917 15/07/2020 Certified Dublin Circuit 20,544 2,013 20,081 15/07/2020 Certified Dublin Circuit 13,240 2,444 11,722 15/07/2020 Certified Dublin Circuit 13,357 0 14,421 09/07/2020 Certified Dublin Circuit 11,070 0 11,950 09/07/2020 Certified Dublin Circuit 19,943 3,449 17,806 09/07/2020 Certified Dublin Circuit 20,039 6,812 14,283 27/02/2020 Certified Dublin Circuit 13,658 1,087 13,571 19/11/2020 Certified Dublin Circuit 29,062 2,193 29,013 19/11/2020 Certified

Page | 50 Annual Report 2020

Dublin Circuit - - 17,679 19/11/2020 Certified Dublin Circuit 2,732 - 2,004 19/11/2020 Certified Dublin Circuit 25,567 9,572 17,337 19/11/2020 Certified Dublin Circuit 22,618 5,138 18,941 19/11/2020 Certified Dublin Circuit 6,812 544 7,356 19/11/2020 Certified Dublin Circuit 12,254 2,052 11,018 20/11/2020 Certified Dublin Circuit 32,747 4,371 30,640 20/11/2020 Certified Dublin Circuit 24,306 3,703 22,251 20/11/2020 Certified Dublin Circuit 20,119 1,993 19,574 20/11/2020 Certified Dublin Circuit 6,599 1,679 4,921 26/11/2020 Certified Dublin Circuit 6,595 1,679 4,917 26/11/2020 Certified Dublin Circuit 6,794 246 6,548 26/11/2020 Certified Dublin Circuit 6,705 279 6,426 26/11/2020 Certified Dublin Circuit 6,644 1,131 5,513 26/11/2020 Certified Dublin Circuit 14,984 186 14,797 26/11/2020 Certified Dublin Circuit 13,476 4,673 8,803 26/11/2020 Certified Dublin Circuit 21,247 5,063 16,184 26/11/2020 Certified Dublin Circuit 22,389 6,485 15,904 26/11/2020 Certified Dublin Circuit 19,941 5,200 14,741 26/11/2020 Certified Dublin Circuit 25,350 7,724 17,626 26/11/2020 Certified Dublin Circuit 13,991 1,561 26/11/2020 Certified Dublin Circuit 17,183 696 17,799 26/11/2020 Certified Dublin Circuit 13,949 2,955 10,995 27/11/2020 Certified Dublin Circuit 5,638 550 5,488 27/11/2020 Certified Dublin Circuit 8,516 596 8,552 27/11/2020 Certified Dublin Circuit 43,078 6,139 39,871 01/12/2020 Certified Dublin Circuit 48,616 16,735 34,425 01/12/2020 Certified Dublin Circuit 14,698 2,733 12,917 25/11/2020 Certified Dublin Circuit 27,635 5,148 24,349 25/11/2020 Certified Dublin Circuit 27,067 3,431 25,594 25/11/2020 Certified Dublin Circuit 42,051 16,931 27,128 01/12/2020 Certified Dublin Circuit 42,745 11,583 33,650 25/11/2020 Certified Dublin Circuit 20,432 3,615 18,161 25/11/2020 Certified Dublin Circuit 24,859 2,527 24,116 01/12/2020 Certified Dublin Circuit 5,070 1,006 4,384 01/12/2020 Certified

Total 78 Figure 43:- Table showing Monetary Breakdown of Certified Taxation Applications by the Dublin Circuit

Page | 51 Annual Report 2020

Taxations Certified in Monetary List Form – Northern Circuit

Total Total Total Amount Amount Amount Date of Circuit Claimed € Deducted € Certified € Determination Outcome Northern Circuit 16,564 1,995 15,729 28/08/2020 Certified Northern Circuit 27,213 5,993 22,915 28/08/2020 Certified Northern Circuit 54,314 12,491 45,167 31/08/2020 Certified Northern Circuit 29,528 7,439 23,849 26/11/2020 Certified Northern Circuit 22,679 4,424 19,711 31/08/2020 Certified Northern Circuit 33,295 7,766 27,569 31/08/2020 Certified Northern Circuit 27,488 8,340 20,676 31/08/2020 Certified Northern Circuit 14,755 2,353 13,395 31/08/2020 Certified Northern Circuit 14,150 2,987 12,050 25/11/2020 Certified Northern Circuit 21,768 4,400 18,752 25/11/2020 Certified Northern Circuit 26,168 8,286 19,306 25/11/2020 Certified Northern Circuit 21,897 4,135 19,179 25/11/2020 Certified Northern Circuit 26,868 9,118 19,165 26/11/2020 Certified

Total 13 Figure 44:- Table showing Monetary Breakdown of Certified Taxation Applications by the Northern Circuit

Taxations Certified in Monetary List Form – by Midland Circuit

Total Total Total Amount Amount Amount Date of Circuit Claimed € Deducted € Certified € Determination Outcome Midland Circuit 73,889 15,806 62,722 04/03/2020 Certified Midland Circuit 34,626 8,853 27,829 26/02/2020 Certified Midland Circuit 28,731 5,228 25,384 04/03/2020 Certified Midland Circuit 23,742 7,700 17,322 03/06/2020 Certified Midland Circuit 24,756 4,108 22,296 03/06/2020 Certified Midland Circuit 22,667 3,040 19,627 03/06/2020 Certified Midland Circuit - - - 21/04/2020 Certified Midland Circuit - - - 21/04/2020 Certified Midland Circuit 47,044 12,837 36,943 21/04/2020 Certified Midland Circuit 33,397 9,493 25,816 12/11/2020 Certified Midland Circuit 28,955 7,846 22,797 22/05/2020 Certified Midland Circuit 19,183 4,001 16,459 22/05/2020 Certified Midland Circuit 13,215 2,680 11,374 16/06/2020 Certified Midland Circuit 22,226 9,520 13,722 16/12/2020 Certified

Total 14 Figure 45:- Table showing Monetary Breakdown of Certified Taxation Applications by the Midlands Circuit

Page | 52 Annual Report 2020

Taxations Certified in Monetary List Form – by Eastern Circuit

Total Total Total Amount Amount Amount Date of Circuit Claimed € Deducted € Certified € Determination Outcome Eastern Circuit 13,833 - 8,604 21/02/2020 Certified Eastern Circuit 8,707 - 5,078 21/02/2020 Certified Eastern Circuit 15,816 1,866 15,066 25/03/2020 Certified Eastern Circuit 5,597 923 5,048 01/10/2020 Certified Eastern Circuit 25,879 9,634 17,541 01/10/2020 Certified Eastern Circuit 14,698 - 14,741 01/10/2020 Certified Eastern Circuit 14,932 - 12,366 01/10/2020 Certified Eastern Circuit 13,989 - 10,438 01/10/2020 Certified Eastern Circuit 30,383 8,553 23,604 05/11/2020 Certified Eastern Circuit 26,061 8,631 18,822 24/09/2020 Certified Eastern Circuit 16,413 4,684 11,729 05/11/2020 Certified Eastern Circuit 23,825 11,766 12,058 05/11/2020 Certified Eastern Circuit 16,517 - 11,733 05/11/2020 Certified Eastern Circuit 16,749 5,548 12,097 05/11/2020 Certified Eastern Circuit 9,962 1,195 9,463 17/12/2020 Certified Eastern Circuit 12,471 2,153 11,142 17/12/2020 Certified Eastern Circuit 9,749 738 9,731 17/12/2020 Certified Eastern Circuit - - - 08/05/2020 Certified Eastern Circuit - - - 05/06/2020 Certified Eastern Circuit - - - 05/06/2020 Certified Eastern Circuit - - - 05/06/2020 Certified Eastern Circuit - - €16,890.68 05/06/2020 Certified Eastern Circuit - - €16,296.39 17/07/2020 Certified Eastern Circuit - - €15,466.91 23/10/2020 Certified Eastern Circuit - - €10,233.10 27/11/2020 Certified Eastern Circuit - - €15,348.82 11/12/2020 Certified Eastern Circuit - - 72,753.69 08/01/2021 Certified Eastern Circuit - - €26,600.53 11/12/2020 Certified

Total 28 Figure 46:- Table showing Monetary Breakdown of Certified Taxation Applications by the Eastern Circuit

Page | 53 Annual Report 2020

Taxations Certified in Monetary List Form – by South Western Circuit

Total Total Total Amount Amount Amount Date of Circuit Claimed € Deducted € Certified € Determination Outcome South Western Circuit - - 3,105 14/01/2020 Certified South Western Circuit - - 11,054 27/07/2020 Certified South Western Circuit - - 37,107 27/07/2020 Certified South Western Circuit - - 17,307 27/07/2020 Certified South Western Circuit - - 18,584 27/07/2020 Certified South Western Circuit - - 7,803 12/10/2020 Certified South Western Circuit - - 14,110 16/10/2020 Certified South Western Circuit - - 22,079 16/10/2020 Certified South Western Circuit - - 928 18/11/2020 Certified South Western Circuit - - 8,198 11/12/2020 Certified South Western Circuit - - 18,392 11/12/2020 Certified South Western Circuit - - 18,842 11/12/2020 Certified South Western Circuit - - 17,987 11/12/2020 Certified

Total 13 Figure 47:- Table showing Monetary Breakdown of Certified Taxation Applications by the South Western Circuit

Taxations Certified in Monetary List Form – by South Eastern Circuit

Total Total Total Amount Amount Amount Date of Circuit Claimed € Deducted € Certified € Determination Outcome South Eastern Circuit 27,682 1,476 26,206 19/02/2020 Certified South Eastern Circuit 12,588 0 13,596 16/01/2020 Certified South Eastern Circuit 26,669 6,038 22,311 02/07/2020 Certified South Eastern Circuit 20,171 2,829 18,702 02/07/2020 Certified South Eastern Circuit 20,528 5,791 15,937 02/07/2020 Certified South Eastern Circuit 19,681 9,326 11,179 22/12/2020 Certified South Eastern Circuit - - 9,324 19/08/2020 Certified South Eastern Circuit - - 6,912 27/05/2020 Certified South Eastern Circuit - - 19,851 02/07/2020 Certified South Eastern Circuit 11,426 500 11,798 29/10/2020 Certified South Eastern Circuit 36,631 9,102 27,529 18/08/2020 Certified South Eastern Circuit 17,764 367 18,781 13/01/2020 Certified South Eastern Circuit 13,459 0 14,531 17/02/2020 Certified South Eastern Circuit 22,843 5,922 18,273 24/02/2020 Certified South Eastern Circuit 15,509 3,621 12,831 24/02/2020 Certified South Eastern Circuit 10,241 185 10,857 24/02/2020 Certified South Eastern Circuit 25,009 8,207 18,146 24/02/2020 Certified

Page | 54 Annual Report 2020

South Eastern Circuit 7,394 0 7,978 09/03/2020 Certified South Eastern Circuit 25,379 3,572 23,519 07/04/2020 Certified South Eastern Circuit 21,783 6,516 16,484 07/04/2020 Certified South Eastern Circuit 14,891 2,370 13,523 07/04/2020 Certified South Eastern Circuit 9,855 369 10,238 20/04/2020 Certified South Eastern Circuit 16,569 3,175 14,528 14/09/2020 Certified South Eastern Circuit 8,711 308 9,075 12/10/2020 Certified South Eastern Circuit 26,025 8,802 18,599 19/10/2020 Certified South Eastern Circuit 19,681 9,326 11,179 22/12/2020 Certified South Eastern Circuit 15,885 15,885 26/05/2020 Certified South Eastern Circuit 11,881 767 12,004 02/06/2020 Certified South Eastern Circuit 9,535 1,209 8,992 02/06/2020 Certified South Eastern Circuit 5,475 1,589 7,064 02/06/2020 Certified South Eastern Circuit 19,558 1,560 21,118 11/09/2020 Certified

Total 31 Figure 48:- Table showing Monetary Breakdown of Certified Taxation Applications by the South Eastern Circuit

Taxations Certified in Monetary List Form – by Western Circuit

Total Total Total Amount Amount Amount Date of Circuit Claimed € Deducted € Certified € Determination Outcome Western Circuit - - 16,440 16/01/2020 Certified Western Circuit - - 18,476 24/06/2020 Certified Western Circuit - - 13,166 24/06/2020 Certified Western Circuit - - 25,800 24/06/2020 Certified Western Circuit - - 29,192 24/06/2020 Certified Western Circuit - - 22,815 24/06/2020 Certified Western Circuit 27,339 5,146 23,962 22/07/2020 Certified Western Circuit 28,886 - 23,124 24/07/2020 Certified Western Circuit - - 10,066 24/07/2020 Certified Western Circuit 41,322 12,377 31,258 25/11/2020 Certified Western Circuit 18,825 5,351 14,351 25/11/2020 Certified Western Circuit 10,339 1,372 9,680 25/11/2020 Certified Western Circuit 27,938 6,303 23,363 25/11/2020 Certified

Total 13 Figure 49:- Table showing Monetary Breakdown of Certified Taxation Applications by the Western Circuit

Page | 55 Annual Report 2020

2020 AT A GLANCE

FROM 1ST JANUARY TO 31ST DECEMBER

REMOTE SITTINGS 830 APPLICATIONS FILED 30 REMOTE CALLOVERS OF THESE 31 REMOTE HEARINGS - 84 CASES HEARD 585 WERE ELECTRONICALLY FILED

WEBSITE STRATEGIC CASE STATUS DEVELOPMENT PLAN 2020-2023

522 SETTLED • E-filing User Manual Supporting Access to • Adjudication Forms 114 DETERMINED Independent, Impartial • Publications and Objective

• Register of 369 ADJOURNED/ Resolution of Legal Determinations PART HEARD Costs Disputes

THE REGISTER OF DETERMINATIONS OF THE 114 CASES DETERMINED

32 REASONS FOR DETERMINATION WERE PUBLISHED

62 REASONS FOR DETERMINATION WERE WITHHELD

13 ARE UNDER CONSIDERATION & 20 ARE TO BE COMPLETED

Page | 56

Annual Report 2020

Oifig na mBreithneoirí Costas Dlíthúil, Office of the Legal Costs Adjudicators,

An Árd Chúirt, The High Court,

1ú Urlár, Teach na gCeannaithe, 1st Floor, Merchants House,

27/30 Cé na gCeannaithe, 27/30 Merchants Quay,

Baile Átha Cliath 8. Dublin 8.

Teileafón/Telephone: 01 888 6301, Facsuimhir/FAX: 01 672 8670, DX 1001 Four Courts,

Ríomhphost/E-mail: [email protected] Page | 57

Ms. Oonagh McPhilips, Secretary General Department of Justice 51 St. Stephen’s Green Dublin 2 23rd July 2021

Re: Code of Practice for the Governance of State Bodies - Annual Report to Minister on the Courts Service Compliance

Dear Oonagh

In accordance with the requirements of section 2.6 of the Code of Practice for the Governance of State Bodies 2016, I am enclosing for the attention of the Minister, the annual report by the Board on Courts Service compliance with Government policy and regulations.

The Report, which was considered and approved by the Board at its meeting on 19th July, 2021, is a comprehensive report covering the Courts Service and it affirms that all relevant and appropriate procedures in relation to the governance of the organisation including financial reporting, internal audit, remuneration, travel, procurement, asset disposal and compliance with the provisions of the 2016 Code are in place and being implemented.

I am submitting the Report on behalf of the Board, following a decision of the Board in 2019 that, due to the position of the Chairperson as Chief Justice and in the context of the constitutional independence of the judiciary, it would not be appropriate for the Chairperson to report the Minister on these matters. It was agreed that the report would therefore be submitted by me in my capacity as Board member and Accounting Officer for the Courts Service.

Please do not hesitate to contact me if you have any further queries in relation to this matter.

Yours sincerely,

______Angela Denning Chief Executive Officer

Oifig an Phríomhfheidhmeannaigh, An tSeirbhís Chúirteanna, Áras an Fhionnuisce, 15 - 24 Sráid an Fhionnuisce Thuaidh, Baile Átha Cliath 7, D07 X028 Office of the Chief Executive Officer, Courts Service, Phoenix House, 15/24 Phoenix Street North, Smithfield, Dublin 7, D07 X028. Teileafón / Telephone: 01 8886000. Facs / Fax: 01 8765242. Láithreán Gréasáin / Website: www.courts.ie

Code of Practice for the Governance of State Bodies

Annual Report to the Minister for Justice and Equality on Courts Service Implementation of Government Policy on Governance and Controls

In accordance with Section 2.6 of the Code of Practice for Governance of State Bodies 2016, the Chairperson of each State body is required to furnish to the relevant Minister in conjunction with the annual report and financial statements of the State body, a comprehensive report covering the State body, providing details of the system of internal control and affirming that all appropriate procedures for financial reporting, internal audit, remuneration, travel, procurement and asset disposal are being carried out.

The Courts Service Board decided in June 2019 that, due to the position of the Chairperson as Chief Justice and in the context of the constitutional independence of the judiciary, it would not be appropriate for the Chairperson to report the Minister on these matters. The Board agreed at that time that the Chief Executive, in her capacity as Board member and Accounting Officer, would provide the necessary reports and affirmations on behalf of the Board in relation to compliance with the Code and government policy and regulations.

The 2016 Code acknowledges that all aspects of the code may not necessarily be appropriate to all organisations and in some circumstances the provisions of the Code may be more appropriately achieved by other governance measures.

Since the introduction of the Code, the Courts Service Board and Audit and Risk Committee continues to consider the application of the provisions of the revised code and overall compliance and governance arrangements. In 2019, measures included:

• Reviews of Terms of Reference for Committees and the Board • Annual Self Evaluation By Board members with an external review every 3 years • Periodic Disclosure of Interests by Board members and the establishment and maintenance of a confidential Register of Interests Courts Service governance arrangements are kept under regular review and are open to audit. The Courts Service will continue to adopt a best practice approach to governance of the organisation.

A Governance Framework Document, approved by the Board, has been in place since 2000 and is revised and updated as appropriate on an ongoing basis. This document sets out the legal framework for the Service and its statutory obligations as provided for in the Courts Service Act 1998 It defines the governance framework for the Service, clearly delineates the functions of the Board, the Service, the Chief Executive and the Finance Committee and outlines the levels of authority and delegation arrangements. It defines the formal reporting relationship between the Service and the Minister for Justice and Equality and the Minister for Finance and defines the relationship between the Chief Executive and the Board, the Chief Justice, the Presidents of the Courts and the Minister. It also outlines the communication strategy between the Service, the Minister and the Media.

In accordance with the Corporate Governance Standard for the Civil Service, a Corporate Governance Framework Document for the Courts Service has been compiled and published on our website. The Document has been prepared in line with the principles and requirements as set out in the Civil Service Governance Standard and brings together in one document the legislation, policies, processes, structures, culture and values under which the Courts Service operates. The Framework Document was revised in July 2021.

The Courts Service Audit & Risk Committee meets best practice requirements in terms of its membership, terms of reference and operations and reports annually to the Board.

The Courts Service also has in place a risk management policy and framework. Risk management is a standing item on the Board and Audit & Risk Committee agendas.

The Courts Service Act, 1998 provides that the Chief Executive is the Accounting Officer for the Service and clearly defines the accountability framework in which the Service operates. This is supported by the Governance Framework and corporate governance arrangements within the Service. In addition the role of the Chief Executive as Accounting Officer is clearly distinguished from the role of the Chairperson of the Board. As the Accounting Officer with responsibility for Courts Service voted funds, the Chief Executive is responsible for the preparation of the annual Appropriation Account. Financial Statements and financial reporting are carried out in accordance with the C&AG regulations. A copy of the Statement of Internal Financial Control for 2019, provided by the Chief Executive/Accounting Officer to the C&AG in conjunction with the Appropriation Account, is attached. In line with the Code of Practice, an Oversight Agreement for 2019 was in place between the Courts Service and the Department of Justice and Equality and the Oversight Agreement for 2020 was agreed with the Department in March. The Performance Development Agreement, which is part of the oversight regime, has been submitted to the Department for consideration. In the meantime, the Courts Service meets the Governance Function in the Civil Law & Justice Pillar of the Department every fortnight in relation to ongoing developments and delivery of projects.

The Courts Service adheres to the relevant procurement policies and procedures and an annual Corporate Procurement Plan is put in place and reported on regularly to the Audit & Risk Committee. The Board is also notified of contracts put in place above a specified threshold.

In accordance with the Protocol for the Provision of Information to Members of the Oireachtas by State bodies (Cir 25/2016) the Courts Service has put appropriate measures in place in line with the standards and principles set out in the Circular. These include • Responsibility for ensuring that the standards are met as has been assigned to the Head of the Office of the CEO • A dedicated e-mail address has been set up • A formal process to obtain feed-back from Oireachtas members has been established. In line with the requirements of the Circular acknowledgements issue to queries within 3 working days and substantive replies issue in the majority of cases within 15 days. Target deadlines has been met in all but two cases in 2019.

Attached at Appendix A are • an update against specific items as required under the Code. It should be noted that certain items are not applicable to the Courts Service these are denoted with N/A. • the Statement of Internal Financial Control signed by the Chief Executive in her capacity as Accounting Officer • a Schedule of fees paid to Board members • Return under Cir 40/02 in relation to non-competitive procurement in 2019.

Angela Denning Chief Executive Officer 5th July 2021 Appendix A Appendix A Courts Service Implementation of Government Policy Governance and Controls Objective Compliant Y/N Outlining all commercially significant developments N/A affecting the body in the preceding year, including the establishment of subsidiaries or joint ventures and share acquisitions, and major issues likely to arise in the short to medium term Providing summary details of all off balance sheet N/A financial transactions of the State body that are not disclosed in the annual report and financial statements Affirming that all appropriate procedures for financial The Courts Service has comprehensive procedures in place for regular financial reporting to the Senior reporting, internal audit, travel, procurement and asset Management Team, the Finance Committee and the Board. disposals are being carried out The Service has an Internal Audit Unit headed up by a qualified accountant, who reports to the CEO and the Audit & Risk Committee. Ongoing reviews are conducted by the Internal Audit Unit on a systematic basis. The Internal Auditor was generally satisfied that no weaknesses in internal financial controls were identified which resulted in, or may have resulted in a material loss and on that basis was of the view that the Courts Service’s financial control environment, whilst requiring improvement and strengthening was generally of a good standard. Key high risk issues identified in the course of internal audits were in the areas of Health and Safety, payments for extra attendance, services provided by the NSSO and Fixed Asset Management. The Service is proactively addressing all recommendations to enhance the effectiveness of existing procedures.

The Service operates a range of internal control measures to support the achievement of its strategic objectives while safeguarding the public funds and assets for which it is responsible. The system is designed to ensure all known risks are managed but cannot ensure the elimination of all risks. It can therefore only provide reasonable and not absolute assurance.

The Service has comprehensive policies on procurement and travel. Furthermore an internal control questionnaire is completed by Office Managers. Compliance Statements are also signed by Heads of Directorate

Appendix A Courts Service Implementation of Government Policy Governance and Controls Objective Compliant Y/N all of which supports the CEO in signing the Appropriation Account and Statement of Internal Financial Controls (SIFC).

Including a statement on the system of internal financial As required for the purpose of the Appropriation Account the CEO signs a Statement of Internal Financial control in the format set out in Appendix D of the Code Control, a copy of which is provided below. As regards breaches of controls, in accordance with Public Financial and including, in cases where a breach of this system has Procedures the Courts Service is required to bring to the attention of the C&AG any instances of fraud or been identified, an outline of the steps that will be taken irregularity. There was no instance of fraud reported for the period under review. to guard against such a breach occurring in future; Affirming that Codes of Business Conduct for Board and Yes Employees have been put in place and adhered to Affirming that Government policy on the pay of Chief Yes Executives and all State body employees is being complied with Affirming that Government guidelines on the payment of Yes. Board Members fees are being complied with; Explaining failure to comply with any of the above and N/A stating any corrective action taken or contemplated Outlining significant adjusted post balance sheet events; None

Confirming that the appropriate requirements of the Yes Public Spending Code are being complied with – appropriate processes in place Provide details of /information on legal disputes with None other state bodies Certifying that Government travel policy requirements Yes are being complied with in all respects

Appendix A Courts Service Implementation of Government Policy Governance and Controls Objective Compliant Y/N Confirm that procedures are in place for the making of Yes protected disclosures in accordance with s.21 (1) of the Protected Disclosure Act 2014 and the annual report required under section 22(1) of the Act has been published. Confirm procedures are in place to ensure that the Yes, any issues identified from our procedures are follow-up. Courts Service is in compliance with all relevant tax requirements Confirming that the Code of Practice has been adopted Yes and the extent to which it is being complied with subject The Courts Service has robust governance framework in place and is compliant with the 2016 Code. Ongoing to Board approval. compliance is regularly monitored and reviewed and subject to reporting and consideration by the Courts Service Board, Audit & Risk Committee and the Senior Management Team. With any gaps identified actioned and addressed. The Service is also compliant with the reporting requirements of the C&AG for the purposes of the Appropriation Account.

Along with unaudited six monthly financial statements, N/A the Chairperson should also provide an interim report and where appropriate New ERA on significant commercially sensitive developments. Stating that any subsidiary of the State body continues to N/A operate solely for the purpose for which it was established Affirm adherence to the relevant procurement policy and Yes procedures and the development and implementation of the Corporate Procurement Plan Report non-competitive procurement See Return under Cir. 40/02 to the C&AG attached..

Statement on Internal Financial Control

Responsibility for system of internal financial control

As Accounting Officer, I acknowledge my responsibility for ensuring that an effective system of internal financial control is maintained and operated by the Courts Service. This responsibility is exercised in the context of the resources available to me and my other obligations as Chief Executive Officer. Also, any system of internal financial control can provide only reasonable and not absolute assurance that assets are safeguarded, transactions authorised and properly recorded, and that material errors or irregularities are either prevented or would be detected in a timely manner. Maintaining the system of internal financial controls is a continuous process and the system and its effectiveness are kept under ongoing review.

Shared services I have fulfilled my responsibilities in relation to the requirements of the service management agreement between the Courts Service and the Financial Shared Services Centre, Killarney for the provision of financial shared services, and the National Shared Services Office for the provision of human resource services and payroll services. I rely on a letter of assurance from the relevant Accounting Officers of the National Shared Services Office and the Financial Shared Service Centre, Killarney that the appropriate controls are exercised in the provision of shared services to the Courts Service. The position in regard to the financial control environment, the framework of administrative procedures, management reporting and internal audit is as follows:

Financial control environment

I confirm that a control environment including the following elements is in place. • Financial responsibilities have been assigned at management level with corresponding accountability. • Reporting arrangements have been established at all levels where responsibility for financial management has been assigned. • Formal procedures have been established for reporting significant control failures and ensuring appropriate corrective action. • Procedures for all key business processes have been documented. • There are systems in place to safeguard the assets.

Administrative controls and management reporting

I confirm that a framework of administrative procedures and regular management reporting is in place including segregation of duties and a system of delegation and accountability and, in particular, that • there is an appropriate budgeting system with an annual budget which is kept under review by senior management. • there are regular reviews by senior management of periodic and annual financial reports which indicate financial performance against forecasts. • a risk management system operates within the Courts Service.

• there are systems aimed at ensuring the security of the ICT systems. • there are appropriate capital investment control guidelines and formal project management disciplines.

Non-compliance with procurement rules The Courts Service ensures that there is an appropriate focus on good practice in purchasing and that procedures are in place to ensure compliance with all relevant guidelines. The Courts Service complied with the guidelines with the exception of 17 contracts (in excess of €25,000), totalling €4,168,660 (ex. VAT) as set out below: • 2 contracts with a value of €2,523,531 for ICT managed services and Video Link systems where services were extended beyond the contract expiry date to ensure service continuity due to a delay in the procurement process. In both instances new contracts are now in place. • 3 contracts with a value of €348,610 due to urgent requirements as a result of COVID- 19 for safety screens, signage and manned security to manage restrictions around social distancing in regional courthouse venues. • 1 contract with a value of €251,360 due to the engagement of ICT contract support that was extended beyond the contract expiry date. The procurement for these services will be conducted in 2021. • 1 contract with a value of €227,921 for bank charges due to a delay in transitioning to Danske bank following a government decision and a competitive procurement process for banking services, the transition for which is being completed on a phased basis. • 1 contract with a value of €193,367 for mobile phone services due to a delay in a central government contract being put in place for mobile voice and data services. It is expected that this matter will be rectified in 2021. • 2 contracts with a value of €143,053 for services relating to the Fines (Payment and Recovery) Act 2014, beyond the expiry of the original contract, the Courts Service is awaiting the recommendations of a working group on the Act as to whether such services will be required and re-tendered for. • 1 contract with a value of €132,943 due to project management services that was extended beyond the contract expiry date. This will be formalised and tendered for in 2021. • 1 contract with a value of €130,943 due to the engagement of ICT support beyond the contract expiry date. Procurement for these services will be conducted in 2021. • 1 contract with a value of €87,563 for costs of telephony services. A review of these services is to be undertaken and, if required, procurement will be conducted during 2021. • 1 contract with a value of €35,980 for canteen services in Phoenix House which had been extended beyond the contract expiry date. Following a review in 2020, these services will no longer be required. • 1 contract with a value of €34,113 for transitional interpreting services required between the expiry of the old contract and the commencement of the new contract. • 1 contract with a value of €30,172 due to time critical courier services which could not be met within the existing contract. • 1 contract with a value of €29,104 for sign language interpreting services, the

demand for which is being assessed for the purposes of establishing our requirements and assessing procurement options. The Department has provided details of non-competitive contracts in the annual return in respect of Circular 40/2002 to the Comptroller and Auditor General and the Department of Public Expenditure and Reform.

Audit and Risk Committee

I confirm that the Courts Service has an Audit & Risk Committee. The Committee is a sub- committee of the Courts Service Board. The role of the Committee is to oversee, advise and support the Board and the Chief Executive Officer/Accounting Officer by reviewing the assurances on a range of matters including the integrity of internal financial controls, risk management and financial statements. The Committee operates under a written charter and reports annually to the Courts Service Board. It also reviews and approves the internal audit annual work programme.

Internal audit

I confirm that the Courts Service has an internal audit function with appropriately trained personnel, which operates in accordance with a written charter which has been approved by the Courts Service Board. Its work is informed by analysis of the financial and operational risks to which the Service is exposed, and its annual internal audit plans, approved by me, are based on this analysis. These plans aim to cover the key controls on a rolling basis. The internal audit function is reviewed periodically by me and by the Audit & Risk Committee. I have put procedures in place to ensure that the reports of the internal audit function are followed up.

Governance

Good governance is fundamental to the effective operation of the Service. In line with the Civil Service Corporate Governance Standard, the existing Corporate Governance Framework was updated. This sets out the statutory basis within which we operate, including the governance arrangements in place, functions and organisational structure, accountability and audit assurance arrangements. This framework was published in 2016. The Courts Service also has an oversight agreement in place with the Department of Justice. The Code of Practice for the Governance of State Bodies 2016 came into effect in September 2016. The Courts Service has a robust governance framework in place and is, in addition to its compliance with the Civil Service Corporate Governance Standard, compliant with the main features of this code which are kept under review.

Risk and control framework

The Service has implemented a risk management system which identifies and reports key risks and the management actions being taken to address and, to the extent possible, to mitigate those risks.

A corporate risk register is in place which identifies the key risks facing the Service. These are evaluated and graded according to their significance. The corporate risk register is reviewed quarterly by the Senior Management Team (SMT) and Audit and Risk Committee. Risk Management is a standing item for the Courts Service Board and the Chief Risk Officer reports to the Board on the operations of risk management. The outcome of these assessments is used to plan and allocate resources to ensure risks are managed to an acceptable level. The risk register details existing controls, planned actions needed to mitigate identified risks and assigns responsibility for operation of controls to specific staff.

Ongoing monitoring and review

Formal procedures have been established for monitoring control processes and control deficiencies are communicated to those responsible for taking corrective action and to management and the SMT, where relevant, in a timely way. I confirm that key risks and related controls have been identified and processes have been put in place to monitor the operation of those key controls and report any identified deficiencies.

Review of effectiveness

I confirm that the Service has procedures to monitor the effectiveness of its risk management and control procedures. The monitoring and review of the effectiveness of the system of internal financial control is informed by the work of the internal and external auditors and the senior management within the Service responsible for the development and maintenance of the internal financial control framework.

Internal financial control issues

No weaknesses in internal financial control were identified in relation to 2020 that resulted in, or may result in, a material loss. The Service continually reviews and implements recommendations arising from the Comptroller and Auditor General and internal audit to strengthen the control environment, particularly in the areas of procurement and contract and record management, ICT infrastructure, business systems and support applications. This is a continuous process and the system and its effectiveness is kept under ongoing review.

Other matters of importance The onset of the Covid-19 pandemic in early 2020 resulted in changes to the working and control environment with remote and virtual working becoming the norm in the Courts Service. As a front line service, the primary objective in managing the pandemic was to ensure appropriate measures were in place to ensure an safe environment for staff, the judiciary and courts users, while complying with guidance and instruction from National Public Health Emergency Team and the HSE. The most significant impact of the pandemic was on the provisions of services, a substantial element of which must, by their nature, be provided in person. Accordingly, the named risks facing the Service were: • the risk of the spread of Covid-19 among staff, the judiciary and Court Users. • a reduction in service delivery capacity, impacting on waiting times across all jurisdictions and access to justice. As part of the initial response to the pandemic, a Covid-19 Response Management Team was established to develop a business response

plan. A Covid-19 safety management programme was central to the plan. Furthermore, a Covid-19 Recovery Committee was established on foot of the Government’s publication of Resilience and Recovery 2020-2021. Taken together, the measures put in place included: • Risk assessments of all buildings in compliance with Health & Safety protocols. • Remote working policy and returning to work safety protocol. • Remote court hearings and the increased use of video conference. • Prioritising of cases, particularly family law, domestic violence and child custody cases. • Weekly updates from the Covid-19 Safety Team. • Regular meetings with the seniors members of the judiciary and key stakeholders. • Recovery roadmaps for crime and family law. A Covid-19 Recovery Risk Register was in place for 2020. This register identified pandemic- related risks in all major operational categories—including Finance, Service Delivery, Buildings and People—and ensured mitigating actions were adopted in response to identified risks. Key payment controls were maintained throughout the pandemic, however it was necessary to revise certain processes to allow remote approval of invoices and payment forms by email where necessary. Secure remote access was provided to existing systems to allow access to staff working remotely. A total of €5.4 million was incurred on Covid-19 related expenditure in 2020, primarily in relation to ICT, courthouse capital and maintenance. Covid-19 had a significant impact on court fee income, primarily driven by a reduction in licensing and civil business. This resulted in a shortfall in fees of €17.081 million. Under the Courts Service risk control framework, we carried out a risk assessment of the impact of Covid-19. I can confirm that both existing and new financial and administrative controls introduced as a result of Covid-19 continue to be in place and their effectiveness is kept under on-going review.

Angela Denning Accounting Officer Courts Service

30 March 2021

Schedule of Board Fees

In accordance with Department of Public Expenditure and Reform regulations and sanction, an annual fee of €11,970 is payable to non-judicial members of the Courts Service Board (with the exception of the Chief Executive). Fees are not paid to Board members who are public servants. It is open to Board members, entitled to payment of a fee, to waive such payment.

Travel and Subsistence expenses are payable at rates sanctioned by the Department of Public Expenditure and Reform.

Fees Paid to Board Members in 2020

Board Member Nominated by Payment Period Fee Ms. Michele O’Boyle Practising solicitor 9th November 2020 - €1,716.90 nominated by the 31st December 2020 President of the Law Society Ms Karen Kiernan Nominated by the 1st January 2020 - €11,970 31st December 2020 fee is paid to “One Minister to represent Family” consumers of services provided by the Courts Ms Deirdre Kiely Nominated by the 1st January 2020 - €11,970 31st December 2020 Minister – relevant knowledge and experience in commerce, finance or administration

The ICTU nominee on the Board waived their fee

No Travel and Subsistence expenses were paid to members of the Board in respect of their Board membership.

Date 31 March 2021

Mr. Kiernan Scott Senior Auditor Office of the Comptroller and Auditor General 3A Mayer Street Upper Dublin 1

Annual Report in respect of procurement contracts

Dear Mr Scott,

Further to the Administrative Budget and the Department of Finance Circular 40/02, the Courts Service is required to make a formal return in respect of procurement contracts in excess of €25,000 (excluding VAT) where no competitive process took place.

Having reviewed the payments to suppliers in 2020, I enclose a list of payments at Appendix A which have been identified as falling into the category to be reported in accordance with Circular 40/02.

Yours sincerely,

______Angela Denning, Accounting Officer

Circular 40/02 Return 2020 Circular 40/02, 2020 Report – Non-Compliance with competitive tendering process

Item Vendor Name Amount Comment No. (excl. VAT) 1 ATOS IT SOLUTIONS & €1,982,507 Contract extension was required beyond the contract SERVICES LTD expiry date to facilitate continuity of services following a delay in the procurement process. A new contract is now in place. 2 EOLAS RECRUITMENT €251,360 Engagement of ICT contract support that was extended beyond the contract expiry date, the procurement of these services will be conducted in 2021. 3 BANK OF IRELAND €227,921 Due to a delay in the transition to Danske bank following a government decision and a competitive procurement process for banking services, the transit for which is being completed on phased basis. The bank charges quoted exclude fees and negative interest for the Court Funds Account 4 VODAFONE (MOBILE €193,367 Due to a delay in putting a central government VOICE AND DATA) contract in place for mobile voice and data services. It is expected this matter will be rectified in 2021. 5 AN POST BILL €32,019 Extension of services relating to the Fines (Payment PROCESSING (FINES) and Recovery) Act 2014, beyond the expiry of the original contract, awaiting recommendations of a 6 PRINTPOST (FINES) €111,034 working group on the Act as to whether such services will be required and re-tendered for. 7 STORM TECHNOLOGY €130,943 Engagement of ICT support beyond the contract LTD expiry date. Procurement for these services will be conducted in 2021. 8 EIR (TELEPHONISTS) €87,563 Costs of telephony services, a review of these services is to be undertaken and if required procurement will be conducted during 2021. 9 CARROLL FOOD €35,980 Canteen services in Phoenix House which had been SERVICES extended beyond the contract expiry date. Following a review in 2020, these services will no longer be required. 10 CONTEXT €34,113 Transitional interpreting services required between the expiry of the old contract and the commencement of the new contract. 11 KESSLIN LTD €30,172 Time critical courier services which could not be met within the existing contract. 12 BRIDGE €29,104 Sign language interpreting services, the demand for INTERPRETING LTD which is being assessed, for the purposes establishing our requirements and assessing procurement options. Total €3,146,083

Circular 40/02 2020 - Derogations Granted

Item Vendor Name Amount Comment No. (excl. VAT) 1 FITTING IMAGES LTD €541,024 Contract extension was required beyond the contract expiry date to facilitate continuity of services following a delay in the procurement process. A new contract is now in place. 2 SIGNIATEC LTD €200,648 Urgent Covid-19 expenditure for the provision of screens and safety signage in court houses and offices. 3 BRIGHTWATER €132,943 Project management services that was extended RECRUITMENT beyond the contract expiry date this will be formalised and tendered for in 2021. 4 AOC SPECIALIST €81,480 Urgent Covid-19 expenditure to manage SERVICES LTD restrictions around social distancing in regional courthouses venues.

5 BLACKWATER ASSET €66,482 Urgent Covid-19 expenditure to manage MANAGEMENT restrictions around social distancing in regional courthouses venues. Total €1,022,577

Circular 40/02 2020 – Proprietary Services

Item Vendor Name Amount Comment No. (ex VAT) 1 AN POST €913,330 Sole Supplier of postage

2 BANK OF IRELAND €176,071 Sole Supplier of banking services for the Court Funds in accordance with Superior Court rules. 3 SUPPORT FOR €154,224 Sole supplier of maintenance for Oracle based FINANCIAL IT system MANAGEMENT SYSTEM - ORACLE EMEA LTD 4 UNIT 4 - SUPPORT AND €105,639 Sole Supplier for the support and maintenance MAINTENANCE OF FAS of the FAS & CAS ICT systems. & CAS 5 THOMSON REUTERS €103,914 Sole supplier of publications IRELAND LTD - LAW REPORTING PUBLICATIONS / SUBSCRIPTIONS 6 BLOOMSBURY €100,787 Sole Supplier of library searches (Judges PUBLISHING PLC Library)

7 THOMSON REUTERS €88,891 Sole supplier of publications PROFESSIONAL UK LTD 8 LEXIS NEXIS UK LTD - €88,573 Sole supplier of Law Books for the Law LAW BOOKS Library

9 JUSTIS PUBLISHING €49,879 Sole supplier of publications LTD LAW REPORTING PUBLICATIONS/ SUBSCRIPTIONS 10 HON SOCIETY OF €75,405 Sole supplier — professional membership KINGS INNS - ANNUAL fees REGISTRATION FEES AND SUBSCRIPTIONS

TOTAL €1,856,713