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PRACTICE NOTES
Introduction One of the most important considerations to be mindful of when negotiating, drafting or amending a contract, either to establish a relationship or to govern the terms of a particular project or statement of work, is one that may not be immediately important to, or, hopefully, ever invoked by, the parties—the disputes resolution clause and governing law. In many jurisdictions, there is a historic tradition of empowering parties to choose for themselves where and how their disputes, should they occur, be resolved. These choices fall within the idea of freedom and capacity to contract and may generally be made without regard to the actual location of the parties (or their tangible ties) or where the activities concerned will occur. Selecting ‘where’ and ‘how’ is a crucial choice: the former refers to the forum where a dispute will be litigated, while the latter is which set of laws will be used to
PRACTICE NOTES
This Practice Note considers appeals from the District Court to the Circuit Court in civil proceedings. It provides an overview of the role of the Circuit Court in civil appeals, describes how to start an appeal in the Circuit Court and covers the time limit for appeals and any exceptions. This Practice Note also considers when a stay of the District Court order will be granted pending an appeal. For further guidance on: • the civil court structure in Ireland, see Practice Note: Ireland—Civil courts structure and Ireland—Civil court structure—flowchart • jurisdiction in Irish civil litigation, see: Ireland—Determining jurisdiction in civil litigation—checklist and Practice Note: Ireland—Jurisdiction in civil litigation • civil appeals, see: Ireland—Civil appeals and judicial review—overview Appealing a decision of the District Court—preliminary matters An appeal lies from any decision of the District Court in civil matters to the Circuit Court pursuant to the Courts of Justice Act 1924 (Ireland), s 84 (CJA 1924 (IRL)) as amended by the Courts of Justice
PRACTICE NOTES
This Practice Note does not address the procedure where a Circuit Court judge may refer questions of law to the Court of Appeal. For guidance on stating a case from the Circuit Court to the Court of Appeal, see Practice Note: Ireland—Appeals from the Circuit Court. For further guidance on the civil court structure in Ireland, see Practice Note: Ireland—Civil courts structure and Ireland—Civil court structure—flowchart. Establishment of the Court of Appeal In 2013, the 33rd Amendment to the Constitution of Ireland was passed which resulted in the creation of the Court of Appeal. The Court of Appeal is an intermediate appellate court between the High Court and the Supreme Court, with jurisdiction in both civil and criminal matters. Constitutional provisions The Constitution of Ireland provides at Article 34.4 that: ‘1° The Court of Appeal shall - (i) save as otherwise provided by this article, and (ii) with such exceptions and subject to such regulations
PRACTICE NOTES
This Practice Note considers civil appeals to the Supreme Court. It begins by considering the establishment of the Supreme Court and its appellate jurisdiction. It then goes on to consider appeals from the Court of Appeal and the High Court and the jurisdiction of the Supreme Court to hear appeals from those courts including leapfrog appeals. It examines relevant considerations of the court in leave to appeal applications and the interaction between High Court appeals to the Court of Appeal and the Supreme Court. Finally, it sets out the procedure for leave to appeal applications and the timeline for the hearing of appeals in the Supreme Court. The Supreme Court The Supreme Court was established pursuant to Article 34 of the Constitution of Ireland. The appellate structure of the Irish courts ends with the Supreme Court which is the court of final appeal. Decisions from the High Court and the Court of Appeal can be appealed to the Supreme Court under certain conditions. For further guidance on the civil court structure
FLOWCHARTS
This Flowchart provides a simple diagrammatic illustration of the civil court structure in Ireland. It should be read in conjunction
PRACTICE NOTES
This Practice Note provides an overview of the civil courts in Ireland and outlines in summary terms the principal features of each level of civil court. By way of brief overview, the Irish civil courts are structured such that there are three levels of court of first instance, each with a different jurisdiction. In addition, there is a Court of Appeal whose jurisdiction is exclusively appellate. The highest court in Ireland, the Supreme Court, has a very limited original jurisdiction, mainly with regard to the reference of Bills by the President under Article 26 of the Constitution of Ireland, but otherwise its jurisdiction is also appellate. This Practice Note addresses each level of court in turn, starting with the District Court. For a simple diagrammatic illustration of the civil court structure in Ireland, see: Ireland—Civil court structure—flowchart. For guidance on bringing a civil claim in an Irish court, see Practice Note: Ireland—Starting a civil action. Key • DCR—District Court Rules • SI 510/2001 (IRL), Circuit Court Rules • SI 15/1986 (IRL), Rules of the
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides a summary of the key legal developments that are expected to impact Irish dispute resolution lawyers during 2024 and beyond. It also summarises the key developments which have already taken place in 2024. Legislation This tracker is designed to assist Irish dispute resolution practitioners in keeping up to date with Acts of the Oireachtas and Bills being examined by the Oireachtas that will impact Irish civil litigation. This section contains information on primary legislation and the progress of Irish government bills relevant to the field of dispute resolution as they pass through both houses of the Oireachtas—Dáil Éireann and Seanad Éireann—before being signed into law by the President. See: LNB News 19/09/2024 29—Ireland—Government Chief Whip publishes Autumn Legislative Programme. Please note that the below bills have now lapsed as Dáil Éireann has been dissolved. Bill title Subject Analysis Further material Statute Law Revision Bill 2024 The Statute Law Revision Bill 2024 was last updated on 23 October 2024 and has passed the Senead
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides a summary of the key legal developments that are expected to impact Irish dispute resolution lawyers during 2025 and beyond. It also summarises the key developments which have already taken place in 2025. Feel free to suggest issues that may be covered in our horizon scanner using: irelandcurrentawareness@lexisnexis.com. Bills in progress This section contains information on the progress of Irish government bills and private members bills relevant to dispute resolution practitioners from proposal to the passage of the bills as they pass through both houses of the Oireachtas—Dáil Éireann and Seanad Éireann—before being signed into law by the President. Bill title Next/last key date Analysis Further material Arbitration (Amendment) Bill 2025 10 December 2025The Bill is before Dáil Éireann, second stage. Bill entitled an Act to amend the Arbitration Act 2010 (Ireland) to enable effect to be given in the State to certain international agreements concerned with the protection of investment and to provide for related matters. News Analysis: LNB News 11/12/2025
PRACTICE NOTES
This Practice Note is a horizon scanner tracking key future developments in the field of dispute resolution law in Ireland for 2026. It provides details of key dates for your diary (including forecasted dates where the actual date is unknown) and relevant commentary in relation to: • legislation (bills in progress) • consultations • other key developments This horizon scanner does not cover past developments, such as legislation fully in force or final judgments.. This horizon scanner does not cover developments outside Ireland. For more information on developments in the UK and the EU, see: Key DR cases and trackers—overview. Feel free to suggest issues that may be covered in our horizon scanner using: irelandcurrentawareness@lexisnexis.com. Legislation Bills in progress What’s happening? When? What’s the impact? Find out more SI No 488/2026 Rules of the Superior Courts (Representative Actions for the Protection of the Collective Interests of Consumer Acr 2024) 2026 (Ireland) (SI 488/2026 (IRL)) Last key date: 25 September 2026Forecast date: 12 October 2026 The Rules of the Superior
PRACTICE NOTES
This Practice Note provides a summary of the recent key legal developments that are expected to impact Irish dispute resolution lawyers during 2026 and beyond. Feel free to suggest issues that may be covered in our horizon scanner using: irelandcurrentawareness@lexisnexis.com. To track upcoming legal and regulatory developments for Irish dispute resolution lawyers, see Practice Note: Ireland—Civil litigation horizon scanner 2026. For Irish dispute resolution developments tracked previously, see Practice Notes: Ireland—Civil litigation horizon scanner 2025 [Archived] and Ireland—Civil litigation horizon scanner 2024 [Archived]. Legislation This section contains information on recent legislative changes relevant to dispute resolution practitioners which are partially of fully in force. Act/SI title When? What’s the impact? Find out more SI No 463/2026 Circuit Court Rules (Discovery) 2026 (Ireland) (SI 463/2026 (IRL)) 30 September 2026 The Circuit Court Rules (Discovery) 2026 substitute SI 510/2001 (IRL), Order 32, Circuit Court Rules, concerning discovery, inspection of documents and interrogatories. The updated Order provides that voluntary discovery has the same effect as discovery ordered by the court and clarifies the powers of the County
PRACTICE NOTES
This Practice Note examines the practice and procedure in the lead up to a substantive hearing in the High Court, Circuit Court and District Court. It considers the rules for entering an appearance and the procedure for default of appearance. It considers the requirements for pleadings, defending or admitting a claim, default of defence and joining third parties. It provides an overview of the rules and procedures in relation to discovery, interrogatories, notice to produce and inspection. Finally, it provides an overview of the notice of trial procedure and setting an action down for hearing. For guidance on starting an action, see Practice Note: Ireland—Starting a civil action. For guidance on practice and procedure in the High Court in the most common forms of High Court action, see Practice Note: Ireland—Procedure in the High Court. Appearance The first step a defendant must take when a claim has been served on them is to enter an appearance. This is an acknowledgement by them of their awareness of the case and their intention
PRACTICE NOTES
This Practice Note explores the specific pleading and evidential requirements when claiming interest, outlines the different types of interest that can be claimed, addresses the interest that accrues on a secured judgment and considers the operation of the Statute of Limitations 1957 (Ireland) (SL 1957 (IRL)) in respect of claims for interest. Interest claims in the High Court Claims for interest in a summary summons Plaintiffs who seek judgment for a liquidated sum, where they are of the belief that there is no defence to the claim, may elect to prosecute their claim in the High Court by way of Summary Summons rather than seek a full trial by way of Plenary Summons. The procedure is governed by the provisions of SI 15/1986 (IRL), Orders 2 and 37, Rules of the Superior Courts. Given the Circuit Court’s upper monetary jurisdiction of €75,000 for breach of contract claims, as provided for by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (Ireland), s 14 (CCL(MP)A 2013 (IRL)) and the costs consequences that can arise if a claim which could