Proposals to put more civil cases through Northern Ireland’s county courts will create delays and could deny people access to justice, lawyers warn.
The Department of Justice (DoJ) wants to double the value of cases which can be heard in county courts to £60,000. Currently cases over £30,000 are heard in the high court.
“We support improving efficiency in the county courts, but these plans could carry some unintended consequences,” said Sabrina Lawlor, the Northern Ireland representative for the Association of Personal Injury Lawyers (APIL).
“Victims of complex personal injury, medical negligence, and industrial disease would have their cases heard in the lower county courts. We’ve heard some real concerns that not all judges have the experience needed to deal with such specialist cases,” she explained.
“Many victims involved in cases valued up to £60,000 have suffered life-changing injuries. They frequently involve complicated issues, need detailed medical evidence, expert witness testimony, and careful assessment by a judge of the injured person’s future needs and lost earnings. These types of cases are fundamentally different from lower-value personal injury cases and need input from judges with specialist knowledge and experience,” said Ms Lawlor.
“There is a genuine concern from our members that decision-making could be inconsistent and injured victims of negligence won’t receive the full and fair compensation to which they are entitled. The money is essential for victims’ recoveries, and ability to support themselves and their families.
“Doubling the value of cases that can be heard would also swamp the county courts and cause delays for people who need justice,” she said.
“If these proposals must go ahead, victims who suffer serious avoidable injuries should be able to choose if they want their case heard in the high court. Alternatively, a dedicated county court with specialist personal injury county court judges could be created to deal with injury cases,” she said.
APIL also warned in its response to a consultation by the Northern Ireland County Court Rules Committee that plans to introduce new legal, or ‘scale’, costs in county court cases must accurately reflect the work done by lawyers.
“There must be fair renumeration for the work carried out so that members of public can have access to the justice system when they need it,” added Ms Lawlor.