Personal injury cases down 40 per cent in four years, latest Courts Service annual report shows

The number of new personal injuries cases has fallen by more than 40 per cent in the last four years and total awards were down by €36 million last year, according to the Court Service’s annual report.

Following the March 2021 adoption by the Judicial Council of guidelines slashing awards for mainly minor personal injuries, there was “a significant reduction” in the number of new personal injury actions commencing in the High and Circuit Courts, Courts Service chief executive Angela Denning said.

The 2022 report, published on Thursday, reveals an increase in the number of new murder, rape and domestic violence cases, but a reduction in the volume of less serious criminal cases. The report uses 2019 as the last comparable full year as it was not affected by Covid-19 restrictions.

At the Central Criminal Court (CCC), where there is a backlog of cases for reasons including pandemic disruption, there was a 25 per cent increase reported in new cases compared 2019, while case numbers rose by 10 per cent in the Circuit Court. The backlog has meant there is a wait of up to two years for a trial date for cases.

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Cases finalised by the CCC last year included 21 of murder or attempted murder; 310 of rape or attempted rape; and 393 related to sexual offences. Sentences imposed in rape case were no less than two years; 22 were between two and five years; 114 were between five and 10 years; and 115 were more than 10 years.

New cases before the CCC last year included 43 murders or attempted murders; 168 defendants charged with rape or attempted rape; and 113 defendants charged with sexual offences.

New cases before the non-jury Special Criminal Court fell by almost half from 145 in 2021 to 69 last year.

The total number of new criminal cases last year was 377,094, with the vast majority before the District Court. Road traffic offences accounted for 181,969, down 21 per cent on 2021.

The number of divorces granted increased by 15 per cent to 4,915. Applications for maintenance fell by 30 per cent, perhaps reflecting a growing reluctance by solicitors to take such applications due to perceived low legal aid fees.

Possession of property applications in the Circuit Court rose by 73 per cent to 837 last year after restrictions in that area, imposed in response to Covid-19, were lifted. There were 477 applications in 2021. Last year’s figure was down 25 per cent on the 2019 figure.

The number of breach of contract cases rose to 1,458 last year, a massive increase of 493 per cent from the 246 cases in 2021. This arose due to litigation by homeowners over concrete blocks containing mica.

Almost 550,000 new cases came before the courts last year, including a 39 per cent increase in new civil cases before the District Courts. The number of new personal injury cases was 12,445, down 43 per cent on some 22,000 in 2019, 20 per cent fewer than in 2020, and 17 per cent fewer than in 2021.

Some 1,500 awards totalling €271 million were made last year, down from 2,003 awards of some €307 million in 2021.

High Court awards, including medical negligence awards, totalled some €253.4 million, down from €281.8 million in 2021. Circuit Court awards were some €15 million last year, down from almost €22 million in 2021. Awards in medical negligence cases dropped to €179 million from €203 million in 2021.

The report discloses a 24 per cent reduction in road traffic offences since 2019 and a 10 per cent fall in drug offences. The number of sexual offences dropped 11 per cent and larceny, robbery and fraud matters fell by 18 per cent. Domestic violence applications have risen by 15 per cent since 2019.

In the report, Chief Justice Donal O’Donnell, chair of the Courts Service board, welcomed continued progress towards modernisation of the service, including introduction of more efficient digital systems.

The successful completion of the e-charge sheets project, which automatically pulls charge sheet and station bail data from An Garda Síochána’s Information and Communications (ICT) system for entry into the courts system, has reduced time taken to process charge sheets by 77 per cent, he said.

While case numbers increased in the Central and Circuit Criminal Courts compared with 2019 levels, the number of cases disposed of in both courts was higher in 2022 than in 2019 and this trend was also reflected in family law, he said.

In the report, Ms Denning outlined the Courts Service contribution to the work of the Judicial Planning Working Group (JPWG), noting the Government has accepted the group’s recommendations for the appointment of more judges and additional resources to meet the courts’ needs into the future.

The report notes 170,000 new civil cases were filed last year, up 21 per cent on 2021 while 137,159 cases were resolved, up 22 per cent on the 2021 figure.

Defamation claims at High Court level fell by 34 per cent last year to 104, down from 157 in 2019, but there was a 133 per cent increase year on year at Circuit Court level.

The report suggests the entertainment and publican industry has bounced back from Covid restrictions with a 311 per cent increase in licensing applications, up to 44,253 from 10,764 in 2021 and 3 per cent up on pre-Covid applications in 2019.