For business and commercial disputes with a value of at least €1 million, the Irish Commercial Court, a specific division of the Irish High Court, is available to hear business disputes in Ireland.
Instead of taking years, as can be typical in the Chancery division of the High Court for commercial or business disputes, commerical disputes that are granted entry into the Commercial List are frequently resolved in a matter of weeks or months.
The Commercial Court is actively case managed by its Judges to ensure full and early pre-trial disclosure, fast-track trial preparation and early hearing dates.
Firstly, in order for a dispute to be eligible for entry into the Commercial List, the dispute must be a “commercial” dispute. The term “commercial” has been very widely interpreted by the Judges. Various types of disputes, once they have some element of a “commercial” nature, and provided the other two criteria are satisfied, have been granted entry into the Commercial List.
Secondly, the value of the commercial dispute must be at least “€1 million”. Unless the substantive claim is for a sum in excess of one million euro, the claim is not eligible for entry into the Commercial List.
Thirdly, and crucially, there must have been “no delay” in seeking entry into the Commercial List. This third criteria is unfortunately, often overlooked. The concept of “no delay” has been very strictly interpreted by the Judges. Delays of a couple of weeks before seeking entry into the Commercial List have been held to be too long. The criteria of “no delay” in this instance is akin to when a party is seeking injunctive relief – entry into the Commercial List must be sought immediately.
The major objective of the Commercial Court is to swiftly, fairly, and effectively settle commercial disputes. If the party seeking entry into the Commercial List has not moved with all possible haste, then the Judges will not allow the dispute entry into the fast-track process of the Commercial List and the case will have to be dealt with in the ordinary manner by the Chancery division of the High Court.
The Commercial Court will actively encourage alternate dispute resolution (ADR) mechanisms and the Court’s case management and trial preparation procedures are crucial to this process. The Commercial Court will set out the procedures and timetables to be followed for filing pleadings, conducting discovery, exchanging witness statements, and it sets very tight deadline for doing so. Trials are heard by a panel of judges who all have extensive trial and business expertise. The prospect of an early hearing date after fast tracked pleadings have been exchanged and pre-trail discovery made, often facilitates the early resolution of disputes in the Commercial Court.
Time is the crucial factor in the Commercial Court because cases in the Commercial List are actively case managed by the Judges who give short timetables for the filing of pleadings and short turnaround times for the hearing of motions – which times can be measured in the number of days.
Each party’s solicitor to a Commercial Court case must give a personal undertaking to the Court that he or she has the capacity to handle the case and that he/she will comply with the Court’s directions for timelines.
Accordingly, there is an obligation on the parties and their legal teams to strictly comply with these expedited timelines. There are serious consequences on the parties if the Court’s timetables are not adhered to. Orders can be made against parties not in compliance. Cases can be lost, and costs can be awarded against parties if timelines have not been complied with.
Therefore, the Commercial Court has the incredible benefit of a fast-tracked, Judge-led and managed court process for clients but the obligations on the clients and their legal teams are immense. Clients must allocate sufficient management time to properly deal with Commercial Court cases.
This Court has adopted digital technology, enabling better electronic filing and virtual case presentation at the parties’ discretion.
As of December 2011, the average time for resolving a dispute accepted to the Court was 22 weeks.
36% of cases are resolved in within five weeks.
A €5,000 court fee must be paid by the party seeking entry into the Commercial List. If your application for entry is refused, you will receive a refund of €4,940 but your case will have to be dealt with in the Chancery division of the High Court instead.
The legal costs involved in a Commercial Court case are substantial – this is because your legal team has to prioristise your case over all others and your solicitor has to give a personal undertaking to the Court that they have capacity to comply with the Court’s expedited timelines.
Many companies and businesses have relied on the team at Peter Boyle & Co. to efficiently and effectively resolve their commercial disputes. We have over ten years’ experience in providing bespoke and tailored legal advice and representation to commercial entities, businesses, entrepreneurs and investors in Ireland, the EU and internationally.
If you have a commercial dispute, which is valued in excess of €1M, given the strict requirement that there be no delay in seeking entry into the Commercial List, it is imperative that you get in touch with us immediately so that we can begin the process of applying for entry of your case into the Commercial Court.
If you feel you have a case or require our legal services and would like to proceed, the next step is to organise a legal consultation. If you are unsure and would like us to assess your possible case, then please complete our assessment form and include supporting documentation.
Level 4, The Glass House
11 Coke Lane
Smithfield
Dublin 7, D07 WNP2
Call: 01 771 80 12
Email: info@peterboyle.ie
