Published on the 6th of January, the Bill seeks to implement the majority of the recommendations outlined in the 2020 Review of the Administration of Civil Justice (known as the Kelly Report), with the overarching aim to make civil litigation quicker, more rational and less costly for all participants. Minister for Justice Jim O’Callaghan, in announcing the Bill, stated that its purpose is to “streamline” how the Irish courts system works and to ensure that the “collective modernisation and reform measures will deliver significant efficiencies in terms of access to justice and the reduction of legal costs”.
A shift towards earlier clarity
A central feature of the Bill is its emphasis on the earlier production of relevant documents and more focused pleadings at the outset of proceedings. It places greater importance on clear, concise pleadings and timely document production, ensuring cases are clearly defined from the beginning. In practice, this is likely to encourage more rigorous preparation before proceedings issue and may reduce the scope for cases to evolve gradually through procedural steps. Earlier identification of evidential strengths and weaknesses is likely to become increasingly important.
Enhanced judicial case management
The Bill also aims to strengthen the Courts ability to actively manage proceedings including the setting of timelines, limiting adjournments and controlling the scope of evidence. This reflects a broader policy shift towards reducing procedural delay and discouraging unfocused or disproportionate litigation.
As a result, parties may face greater pressure to engage with proceedings in a structured and disciplined manner from the outset, with less tolerance for late procedural applications.
Pre-action protocols and the claim notice
The Bill also provides for the extension of pre-action protocols across a broader range of civil claims, building on existing frameworks such as those used in clinic negligence litigation. These protocols aim to promote early communication between parties, clarify issues before proceedings are issued and encourage early resolution. In tandem, the Bill also proposes a standardised claim notice – replacing multiple forms of originating documents – to simplify and streamline the commencement of civil claims.
Jurisdictional changes
One of the most immediately tangible reforms is the proposed increase in the monetary limits of the lower courts. The Bill proposes raising the District Court’s jurisdictional ceiling from €15,000 to €20,000, while the Circuit Court’s monetary limit would increase from €60,000 (or €75,000 for non Personal Injury claims) to €100,000. This change is designed to ensure that a greater volume of civil disputes – particularly mid-value personal injuries cases – are heard in the lower courts using simpler, more streamlined procedures, rather than proceedings in the High Court. In time, this is expected to deliver faster hearing times and lower procedural costs, encouraging greater proportionality in litigation. However, it is anticipated that the Circuit Courts will require additional resources before the full benefits of these changes are seen
Document production and discovery reform
Perhaps the most structural procedural reform is the proposed overhaul of the traditional discovery regime. The existing process - which is often lengthy, costly and ill-suited to modern litigation – would be replaced with a front-loaded production regime. Parties will be required to produce, shortly after pleadings close, all documents they intend to rely on at hearing, which are relevant, material and necessary for the administration of justice. Under this proposed reform, Claimants must produce documents within 28 days of issuing proceedings and Respondents within 42 days of serving their Defence, unless extended at the Court’s discretion. This shift towards early disclosure, aims to reduce delays and curb the disproportionate costs often associated with broad discovery exercises.
Presumption against adjournments and deemed discontinuance
A statutory presumption against granting adjournments is proposed, even where all parties consent. Under the Bill, the Courts will consider a range of factors including the parties prior conduct and adherence to case conduct principles when considering whether an adjournment is justified. Alongside this, the Bill introduces ‘Deemed Discontinuance’ for actions that have not progressed procedurally. A party may move to have the proceedings discontinued if no step has been taken for a specified period of time, . These measures are intended to promote active case management, encourage diligence and prevent stagnation of cases within the system.
Conclusion
While many of the Bill’s provisions will require further refinement as it progresses through the legislative process, its overall direction is clear. The Civil Reform Bill 2025 signals a continued shift towards a more disciplined, efficient and proportionate approach to litigation in the Irish Courts. Parties and practitioners will need to adapt to earlier disclosure obligations, more active case management expectations and a new procedural framework that places renewed emphasis on proportionality and preparation.
A central theme throughout the Bill is the recalibration of litigation costs. The combined emphasis on early issue definition, front-loaded document production, enhanced judicial case management and a statutory presumption against adjournments is all designed to address the procedural inefficiencies that have historically driven disproportionate costs. If applied consistently, these measures may promote greater cost certainty and a closer alignment between the cost of proceedings and the value of the claim.
The significance of these proposals cannot be overstated. If enacted, they would represent the most substantial change to personal injury litigation in Ireland since the introduction of the Personal Injuries Guidelines in 2021. For insurers and litigators, these reforms signal a shift towards greater predictability and more streamlined dispute resolution, with the potential for meaningful reductions in both costs and delay.
We will continue to track the Bill as it makes its way through what can sometimes be a lengthy legislative process. The next legislative steps include drafting the heads into a comprehensive Bill, introduction in the Dáil (First Stage), committee review, debate and amendment, final approval (Final Stage in Dáil), and then it must undergo a similar process in the Seanad. It is also possible that various sections could be enacted at different times, rather than all together.
Authors:
- Kate Marrey – Director - Major Injury & Casualty
- Rebecca Joyce – Solicitor - Major Injury & Casualty
