Ireland vies for dispute resolution role post-Brexit

The director general of the Irish Law Society has issued a stark warning to the Irish government to up its game in the lead-up to Brexit. Ken Murphy says that other European countries are ahead of Ireland in their response to Brexit. Mr Murphy says that it is 'already clear that some legal work – particularly litigation and Commercial Court cases – that would previously have been undertaken in the UK, is now seeking EU bases. As the principal common law jurisdiction left in the EU post-Brexit, Ireland is well placed to benefit from this. However, based on our competitor jurisdictions recent upgrades, we must invest in order to compete for this work.' However, he warns that whilst there are some improvements in the Irish Courts Service 'these are against the backdrop of disproportionate budget cuts during the recession and major courts-related initiatives being made in countries like the Netherlands, France and Germany in response to Brexit.' 

Technology

Mr Murphy said that he was encouraged to hear Chief Justice Frank Clarke’s prioritisation of resourcing and investment in technology in his New Legal Year Statement. 'With the Budget looming, we call on the Government to invest in those services and processes which can ‘future proof’ the Courts system for those businesses and people based in Ireland, and to attract international litigation.' The Law Society’s response also identifies priority areas for Government during Brexit negotiations and several large-scale initiatives that could reduce administrative burdens on the State and improve public services.

Strategic approach

The wider Irish legal sector currently generates an estimated €2.3bn annually in revenue, and contributes €1.7bn to the Irish economy, employing in excess of 18,000 people. In its recent response to the Department for Jobs, Enterprise and Innovation’s Action Plan for Jobs 2018, the Law Society called on Government to adopt a strategic approach to court resourcing and to place the development of the legal and judicial regime at the core of its Brexit response.

Areas for improvement

It also set out four key areas that the Irish Government should focus on to ensure Ireland is better positioned to compete for future business. 

• Increase the number of specialist judges, appoint additional registrars to create greater capacity, reduce delays and increase efficiencies; 
• Increase the use of technology to improve timeliness and efficiency of legal administration;
• Prioritise the promotion of alternative dispute resolution options to free up capacity in the court system; and
• As part of the current review of civil court rules, ensure the administrative burden on businesses and individuals is minimised.