In October 2013 a public referendum to establish an Irish civil Court of Appeal passed by a majority of almost two to one. The court’s establishment aims to reduce the Supreme Court’s considerably backlogged workload – there is currently a four year backlog in the delivery of Supreme Court Judgments. The new court is expected to begin operations this autumn. The court will be comprised of ten judges that will hear appeals from the High Court.
Although broadly welcomed, the establishment of the new court has raised some concerns among the judiciary. The President of the High Court Justice Nicholas Kearns has raised concerns about the administration of justice all of the ten positions on the new court are filled by existing High Court judges. Justice Kearns fears are centred on the potential for an expertise gap in the High Court if ten of its judges are successfully appointed to the new Court of Appeal.
Justice Kearns has suggested that an extension of the judicial retirement age by one or two years would have the benefit of providing some candidates to the new appeals court whilst maintaining the integrity of the High Court. Such a move could be facilitated by the Government’s recent decision to extend the deadline for early retirement of judges to 2015.
Click here to read Justice Kearns’ comments in full in the Law Society Gazette.
Click here to read an article in the Irish Times summarising Justice Kearns’ comments.