A new commercial court will begin handling disputes between businesses involving claims of at least €1 million from next autumn.
The proposed specialised division of the High Court, which has been in the pipeline since early 2002, is likely to be up and running on a pilot basis when the next law term begins in October.
The Irish Times learned yesterday that the court will have jurisdiction to handle cases where the parties are claiming at least €1 million.
And it is understood the draft rules, which will govern how the court is run, will allow judges the discretion to order litigants to try to settle their disputes by arbitration before continuing with court action.
A committee under the chairmanship of Mr Justice Peter Kelly drafted the rules. They have yet to be finally adopted, but a Courts Service spokeswoman yesterday said the process was almost complete. The service and the Office of Public Works (OPW) are negotiating the acquisition of premises.
The commercial court will have three dedicated judges, led by Mr Justice Kelly. It will deal with disputes between businesses over commercial matters. Its brief will include issues like contract law, intellectual property and commercial shipping cases.
The High Court currently hears commercial cases, but it has no dedicated division or staff to deal with the area.
The new court will manage its own "lists", which are the queues of cases that line up for hearing before individual courts. It is hoped that this will help cut the delays involved in getting cases to a hearing.
Under the rules, judges will have to meet all parties involved in each case before they come to court. This will allow judges to narrow individual cases down to their essential elements, and to decide if the parties should first try arbitration or dispute resolution. This approach is designed to streamline litigation and encourage parties to settle their differences where possible.
Both branches of the legal profession last night welcomed the news. President of the Law Society (which regulates solicitors), Ms Geraldine Clarke, predicted that it would make litigation more efficient. "It will introduce a case management system for complex cases which will assist in dealing with them in a streamlined and consistent manner," she said.
Director general of the Bar Council (which regulates barristers), Mr Gerry Carroll, said the organisation saw the move as part of a general initiative to develop an effective courts system. "We have no doubt that it will be successful," he said.
Both bodies are represented on the committee that has drawn up the rules.
