The Commercial Court has had a significant impact on commercial litigation in Ireland.
The Commercial Court is a division of the High Court but operates under different rules. The Court was set up with the goal of providing speedy decisions on business disputes worth more that €1million. The issues are usually complex.
Case management is an important feature of the court’s procedures. Cases are managed by judges, who lay down a strict timetable for the production of relevant documents.
The court will impose costs against a party that fails to meet a deadline imposed by the court.
Written pleadings must be exchanged before the trial, and the judge will normally have read all the documents before the case is heard.
The rules of the Commercial Court are designed to encourage parties to agree various issues between them before the matter goes to trial so that the hearing will concentrate exclusively on the issues that remain in dispute between the parties. The Commercial Court also hears cases involving infringement of intellectual property rights and passing off claims.
It is possible to have cases resolved in a relatively short timeframe.
The court may also direct that parties’ experts meet in conference to discuss any issues relevant to the case.
The trial judge can send a case for mediation, conciliation or arbitration.
No case is automatically heard in the Commercial Court. An application must be made by one of the parties to the action.
