Pub discussion - court location

gozunda

So had an interesting pub discussion with good friend who declared ( after a number of pints) that all the most interesting high court cases are always held in Dublin as opposed to other high court sittings around the country. The point being that if it is an good case or in the case of financial issues or compensation then Dublin is the spot of choice by legal representation. I said I disagreed with this simplistic view. But is their any basis for this view that the four courts are the place of choice for the plaintiff ? He owes me if he is wrong ....

Peregrinus

All High Court cases are interesting to the plaintiff; if he wasn't interested he wouldn't go to the enormous trouble and expense of running the case.

Obviously, some High Court cases are of wider interest; they deal with important points, or they involve sensational facts. I can't imagine that plaintiffs care greatly about this, or that this would influence their decision about where to run the case.

The great bulk of High Court cases are run in Dublin; it follows that the great bulk of interesting cases, and the great bulk of boring cases, will be run in Dublin.

There is one factor that may be at work here. The main reason for running a case locally is the convenience of witnesses, and the more witnesses there are, the bigger this factor is. So in a case where the dispute is about the facts, and the witnesses are the main event, there's a greater chance of it's being run locally. Such cases are as dull as ditchwater to those not personally affected by them. Whereas if you want to argue a juicy point of knotty law, and you want the widest choice of seniors and the earliest date that suits everyone, running the case in Dublin looks like a better choice. Those cases are more likely to be of wider interest.

Victor

I thought the High Court tended to only sit in Dublin or Cork.

Aside from the population base, one other important factor in cases ending up in Dublin is that many businesses have their head offices in Dublin.

Peregrinus

The High Court travels on circuit twice a year, though in practice sittings of the High Court on circuit are largely (entirely?) given over to hearing appeals from the Circuit Court. That might be another reason why it tends not to hear interesting cases outside Dublin; Circuit Court appeals are not often of great public interest.

Pro Hoc Vice

Peregrinus wrote: »

The High Court travels on circuit twice a year, though in practice sittings of the High Court on circuit are largely (entirely?) given over to hearing appeals from the Circuit Court. That might be another reason why it tends not to hear interesting cases outside Dublin; Circuit Court appeals are not often of great public interest.

The High Court sits in provincial locations more than twice a year. And appeals are not the only times, for example in Cork at the moment from the 13th to 24th January the Personal Injuries list is sitting, and the appeals list will sit 27th to 31st. It also sits for non personal injuries cases called non jury cases.

http://courts.ie/courts.ie/library3.nsf/16c93c36d3635d5180256e3f003a4580/b0e74d99c0af876b80256fe8003c0329?OpenDocument

The general rule outside of Dublin is that a case must be less than 3 days long. It's usually faster to get on a personal injuries matter for hearing in Dublin.

Orlaw3136

Peregrinus wrote: »

T...though in practice sittings of the High Court on circuit are largely (entirely?) given over to hearing appeals from the Circuit Court...

Source ?

NoQuarter

Orlaw3136 wrote: »

Source ?

"in practice"

nuac

Orlaw3136 wrote: »

Source ?

Previous posters have outlined correctly the two principal systems of HC sittings outside Dublin

1. Twice a year in each county to deal with appeals from the Circuit Court

2. In a limited number of provincial venues mainly for Personal Injury cases. Solicitors have to certify that they will take less than three days. Cost penalties may apply if they run over.

gozunda

nuac wrote: »

...

2. In a limited number of provincial venues mainly for Personal Injury cases. Solicitors have to certify that they will take less than three days. Cost penalties may apply if they run over.

Never knew this. Who ends up responsible paying these cost penalties in the event of 3+ days? Both the plaintiff & defendant or the plaintiff only?

Victor

gozunda wrote: »

Never knew this. Who ends up responsible paying these cost penalties in the event of 3+ days? Both the plaintiff & defendant or the plaintiff only?

Whoever causes the delay.

gozunda

Victor wrote: »

Whoever causes the delay.

Would deciding who was responsible be difficult where a general overrun ensued? I presume the judge would make the final call