Courts remain extremely busy in 2021 – 531,000 new cases.

Fightback: Courts Modernisation Programme helped tackle delays caused by Covid 19 Crisis

Ireland’s economy, community, and society, benefit from availability and access to justice.

One third increase in numbers of criminal cases finalised

The Annual Report of the Courts Service was launched today and shows that Ireland’s courts remain busy, are using modern technology to reduce waiting times caused by covid, and are dealing with over half a million new cases per year through the use of flexible and modernised approaches

Chief Justice Donal O’Donnell said in the report that,

“Adaptation and innovation are two words which might best describe our efforts in 2021, as we dealt with the ongoing effects of a worldwide pandemic, and the impact it had on people’s right of access to justice, and on the administration of justice more generally.

Those efforts saw many matters dealt with in new and flexible ways including the extension of remote hearings (virtual courts), the use of non-Courts Service venues, such as Croke Park for trial hearings, and the large-scale take-up and efficient use of appearances by video-link between Courts and prisons.

Each year brings with it inevitable changes to certain areas and levels of work, and the Courts Service has to be conscious to try to channel resources and court space appropriately”.

The Chief Justice remarked of the Annual Report that it is, “an insight into an important area of our society where conflict and harm, right and wrong, accusation and defence, power and weakness, can all be encountered daily. The Courts Service will continue to work and adapt to meet the challenges”.

Angela Denning the CEO of the Courts Service remarked on how flexible the courts had been in terms of using its modernisation programme to facilitate court business. She remarked on the number of video links between prisons and courts as having numbered 20,634 last year, up by 59% on the 13,000 in 2021 – and 443% on the 3,798 in 2019. She said that expanding the video technology to 104 courtrooms across the estate last year facilitated 38,176 video calls in total. She said this helped keep Covid infections amongst prisoners, staff and court users out of court venues: resulting in zero transmission of the virus recorded in courtrooms. Providing these facilities gives judges more options when hearing cases, allows for improved efficiencies and reduction in risk for the prisons and increased flexibility for users.

Ms. Denning concluded that under the modernisation programme the Courts Service plans to expand video technology to 160 courtrooms by 2026.

Speaking about the benefits of technology enabled courtrooms His Honour Judge Colin Daly, of the Circuit Court commented, on a planning dispute case that he had presided over in January 2022 which concluded two days ahead of schedule said:

“An application to adjourn a case, due to an increase in the number of witnesses and interested parties wishing to attend to hear evidence, was overcome by the ability to offer a blended hearing using video technology in the Courts which ensured that the case proceeded as schedule. It has made the proceedings so much easier to access”

Court Cases and Court Business

Statistical Briefing and Overview

Civil Business:

• 140,365 new civil cases filed with the courts: 106,372 cases resolved
• The High Court issued 500 written/ reserved judgments in cases last year. The Supreme Court issued 101 reserved judgments.
• The Supreme Court and the Court of Appeal are completely up to date with all matters having used remote technology for almost all their hearings in 2020 and a mixture of in court and remote hearings last year
• Civil applications in the one third less than pre pandemic, with almost half in the District Court – but by year end cases disposed of had rebounded and were up to about 70% of where they had been pre pandemic.
• 15% decrease in new Personal Injuries down from 17,810 to 15,071.
• Divorce Cases saw an 11% increase in new applications last year - with an impressive 35% more cases resolved. 5,856 new cases; 4,279 cases finalised.
• Case Progression in family law in hearings before a trial increased by almost a quarter (24%) up to 4,769 from 3,833.
• Decrease in barring orders applications of 20% down from 3,577 in 2020 to 2987 in 2021, Although domestic violence in general saw little change in other areas and applications.
• Almost 15% increase in new applications in guardianship, access, custody cases relating to children – up to 10,016 new cases in 2022.
• Child Abduction cases increased from 21 to 32 cases an increase of 52%. New Supervision and care orders sought increased to 14,194, up from 13,203. An increase of 7.5%. The number of orders made increased to 14,038, up from 9,353 in 2021. An increase of 50%.
• Commercial Cases increased by 52% with 282 new cases up from 185 in 2020., which was up from 172 in 2019.
• Although there had been a 96 % drop in possession cases over the previous 7 years, there was a 29% increase year in year on new possession cases in the High Court 71 cases lodged compared to 55 the previous year; and a 75% increase up to 477 new cases in the Circuit court, from 272 in 2020. (Note moratorium on repossessions during the pandemic by financial institutions). The numbers of orders granted for possession were down to 82 in the Circuit Court from 125 the previous year – a drop of 34%.
• New applications for bankruptcy increased by 42% with 169 applications – up from 119 in 2020. But there had been a 65% drop in bankruptcies the previous year.
• New Defamation cases reduced from 317 in 2020 to 230 last year - a decrease of 27%
• New Small claims down from 3,577 to 2,134
• Deed Poll applications increased to 726 up from 471 – an increase of 54%.
• Probate work is up with increases in Grants issued for estates with no will – intestacies- up from 2,868 in 2020 to 3,113 in 2021.
• 110% increase in numbers of Asylum cases resolved by the High Court last year 377 up from 179.
• Other judicial review cases resolved were 370 in 2021 up from 213 in 2020 – an increase of 73%
• Habeus Corpus matters increased by 131% in terms of cases resolved by the courts, with an 87% increase in terms of new matters lodged

Criminal Business:

• 391,233 new criminal matters brought to the courts with 298,917 cases resolved.
• One third increase in the numbers of resolved /finalised Criminal matters - up 32% from 225,776 in 2020, to 298,917 in 2021.
• One third increase in the numbers of serious criminal cases coming to the Circuit Court over the past six years
• One third increase in the numbers of resolved /finalised Criminal matters - up 32% from 225,776 in 2020, to 298,917 in 2021.
• 57% increase in numbers of Murder and serious sexual offence trials held.
• The Central Criminal court held trials in relation to 25 murder / attempted murder cases, and 423 trials in relation to rape / attempted rape charges. This is increased from 20 murder /attempted murder cases, and 265 trials in relation to rape / attempted rape charges in 2020. This is a 57% increase in numbers of Murder and serious sexual offence trials held.
• Sentences handed down for Rape and Attempted rape were:
  • Up to 2 years – 2
  • 2-5 Years – 41
  • 5-10 years - 98
  • Over ten years - 110
• The Special Criminal Court received cases involving 145 offences and 23 defendants last year, up from 116 offences and 31 defendants in 2020, and 70 offences involving 24 defendants in 2019.
• The Circuit Criminal Courts received 18,676 new serious cases last year up from 18,275 in 2020, and 16,487 in 2019.  This is up from 13,974 such cases in 2016 – an increase in serious crime of 33% over six years.
• Drugs cases at District Court level down by 9% at 35,220 from to 38,635 cases in 2020.  But there has been an increase in drugs cases over the past six years of 51%: Up from 23,216 from 2016.

Legal Cost Adjudicators

The Office of the Legal Costs Adjudicators continues apace, with great credit due to the Chief Legal Costs Adjudicator, Paul Behan and Adjudicator Barry Magee in their efforts to keep up with demand. In 2021, a record 874 applications for adjudication issued in the Office, a considerable increase on the 2019 figure of 313.

In 2021, there were 226 cases determined, over twice the 2020 figure. Data collated to the end of Q2 2022 suggests that this figure will be exceeded in 2022, with 145 cases determined by end June 2022. 164 Certificates of Determination issued by the end of Q2 2022 compared with 191 for the entirety of 2021. Of particular note is the average waiting from application for Adjudication to initial hearing date is currently 6 weeks, compared to 11 weeks in 2021.

Read the 2021 Annual Report of the Office of the Legal Costs Adjudicator.

The Courts Service in Numbers:

• €2.22 billion in court funds managed on behalf of minors and wards of court.
• €57 million in capital expenditure.
• Budget of €154 million – 82.5% from the exchequer and 17.5% raised through fees.
• The net cost to the state of running the courts across the country is €127 million.
• The Courts Service collected €8 million in fines last year.
• The Courts Service administered €1.7 million in poor box payments in 2020.
• 1,784 training days provided for staff – with 2,900 e-learning courses completed. 70% of staff undertook ‘Just A Minute’ (JAM) training course to help accommodate those customers with communication and other needs.
• Courts Service energy use: Sustainable Energy Authority of Ireland indicates we are one quarter – 25.7% more energy efficient than in 2009 – despite an increased estate of buildings.

Read the Annual Report 2021

(Image shows Minister for Justice Helen McEntee T.D.. Courts Service CEO, Angela Denning and Chief Justice, the Honourable Mr Justice Donal O'Donnell, at the launch of the Courts Service Annual Report 2021)