THE IMPACT of the recession on families is reflected in cases brought to court, according to a new report.
The annual report of the Courts Service shows an increase in bankruptcies, orders for possession, judgments for recovery of debt and judgment mortgages.
However, there has been a decline in cases involving companies, with a 9 per cent decrease in orders to wind up companies, a 6 per cent fall in applications to restrict directors and a 21 per cent drop in new cases admitted to the Commercial Court list in the High Court.
Minister for Justice Alan Shatter said it was clear the economy continued to have an impact on the number of cases of a commercial nature coming before the courts.
Mr Shatter accepted the report from the chairman of the board of the Courts Service, the Chief Justice Mr Justice John Murray.
The Minister paid tribute to the service under the leadership of the Chief Justice, which had, he said, “developed from a fledgling operation in 2004 to one of the most successful agencies in the public service today”.
He said the constitutional safeguard of judicial independence contained in Article 35.2 of the Constitution was central to the proper functioning of our courts.
“The essential function of the judicial branch is independently to interpret, apply and enforce our laws in cases brought before the courts and the judiciary are rightly proud of this record in this regard,” he said.
Over the decades of the constitutional rule of law they had preserved the separation of powers, developed a lucid and principled human rights jurisprudence and administered justice in turbulent and changing times. “This outstanding record is a model for any state in the world today,” he said.
“It is a record that we should jealously preserve and protect, recognising that the separation of powers is a cornerstone and fundamental principle of our constitutional democracy.”
He also praised an initiative from the judiciary which meant that the High Court sat during last summer vacation to hear asylum judicial review cases, leading to the halving of the waiting time for them, and he added he understood that was happening again this year.
Asylum judicial reviews account for 59 per cent of all judicial reviews.
Mr Justice John Murray said despite cuts in funding and staff, the service had fully maintained its core functions and provided the services essential to support the administration of justice.
“Much of this has been brought about by extra sittings and the deployment of over 80 per cent of the Courts Service staff to frontline, operational duty,” he said.
Since 2008 the cost to the exchequer of operating the service had been reduced by €30.5 million, he added.
There has been an increase in court business of 40 per cent since 2006, according to the chief executive of the service, Brendan Ryan.
“Modernisation initiatives have helped the service absorb a 9 per cent reduction in staff numbers over the past two years,” he said.
This included the electronic transfer of information which has freed up 105 people, 100 of them in An Garda Síochána, and the establishment of unified offices at District and Circuit Court level.