Civil Reform Bill 2025: Proposed Changes to Civil Procedure

The General Scheme of the Civil Reform Bill 2025, published on 6 January 2026, contains wide ranging proposals to modernise Ireland’s civil justice system. While much of the Bill focuses on judicial review and proposed amendments to that system which have dominated headlines, the Bill includes significant changes likely to affect personal injury litigation. If enacted by the Oireachtas, these measures could help reduce litigation costs, improve efficiency, and make the process more streamlined for all parties. Barry Kelleher, Partner CKT reviews the key proposals and their potential impact.

Kelly Report 2020

These proposals follow more than five years of debate since the publication of the Kelly Report on the 7^th December 2020. The Kelly Report made 90 recommendations including the introduction of a single originating document called the Claim Notice, limiting adjournments, reforming court procedures such as discovery, removing complex rules and making better use of technology. Progress on implementing some of these recommendations has been slow and has attracted criticism. Discovery in particular was highlighted as an issue that was failing all parties. The Minister for Justice has stated that reform is essential to ensure access to the courts is not limited to well-resourced litigants. Against this backdrop, the Civil Reform Bill is presented as a key implementation measure of the Kelly Report.

Jurisdictional Changes

One of the most significant proposals is the increase in monetary jurisdiction. The Circuit Court limit for personal injury cases if enacted will rise from €60,000 to €100,000, while the District Court limit could increase from €15,000 to €20,000. This increase would mean that most personal injury cases other than those involving catastrophic or high value claims would now be heard in the Circuit Court rather than the High Court.

This change is likely to have a major impact on the workload of the Circuit Court, but it should also result in more streamlined and efficient resolution of claims. Cases are expected to progress to hearing more quickly in the Circuit Court than in the High Court, reducing delays and associated costs. For insurers, this shift could lead to faster determinations and lower overall legal costs.

Document Production and Discovery Reform

The Bill proposes abolishing the existing discovery regime and replacing it with a new system of early document production. If implemented, this would introduce significantly stricter timelines than currently apply in personal injury matters. Claimants would need to provide all documents they intend to rely on when initiating proceedings, and defendants would be required to do the same when filing a defence. This represents a major shift in day to day litigation practice, as parties will need to be fully prepared at the outset of proceedings.

Importantly, the proposals aim to eliminate the practice of “trial by ambush” where new evidence is introduced unexpectedly at hearing. Under the new regime, parties would not be permitted to rely on documents that have not been disclosed in accordance with the prescribed timelines except with leave of the court. This change is intended to promote transparency and procedural fairness while reducing delays and costs.

Case Management and Conduct

The proposals include introducing clear case conduct principles, requiring parties to identify and narrow issues early, minimise costs, and consider alternative dispute resolution. Courts will take a more active role in managing cases, imposing time limits and word counts for submissions.

A particularly significant change relates to the discontinuance of proceedings. Under the proposed regime, where no steps have been taken in a case for six months, the opposing party could serve notice and, after a further short period, apply for the proceedings to be deemed discontinued. This will mark a major departure from the current position where a notice of motion must be filed and heard in full, resulting in dormant claims remaining pending for years before being dealt with. The new approach would allow parties to press for action or secure a formal discontinuance promptly, reducing dormant cases and improving efficiency.

Presumption Against Granting Adjournments

The Bill introduces a presumption against granting adjournments unless there is a sufficient reason and it is in the interests of justice. Agreement between parties alone will not be enough. When considering an application, the court would look at factors such as the complexity of the case, previous adjournments, the conduct of the parties, and the impact on the efficient scheduling of court business. Where an adjournment is granted despite non-compliance with case conduct principles, the court may impose a penalty on the party seeking the adjournment. This change is aimed at reducing delays and ensuring cases progress without unnecessary interruption.

Pre Action Protocols

The Minister could introduce pre action protocols for specified areas of litigation to encourage early engagement and settlement. These protocols already exist in certain areas of litigation, and the proposals suggest extending them across all forms of litigation including personal injury. The aim is to promote timely communication, narrow issues before proceedings commence, and encourage settlement where possible. Courts may impose cost penalties or interest adjustments for non compliance, incentivising adherence.

Distinguishing Between Pre Existing Injuries

Plaintiffs would be required to provide full particulars of any relevant pre existing medical conditions and clearly distinguish these from the injuries that are the subject of the claim. This measure is intended to improve transparency and reduce disputes over causation. It will likely require more detailed pleadings and early medical evidence, ensuring that claims are properly defined from the outset.

Standardised Claim Notice

The Bill proposes replacing all originating documents with a single “Claim Notice,” simplifying the initiation of proceedings and reducing procedural complexity.

Implications for Litigation and Insurers

If enacted, these reforms would streamline procedures, reduce delays, and lower costs particularly in personal injury cases. For insurers, the proposals could lead to quicker resolutions and more predictable outcomes. The increase in Circuit Court jurisdiction should mean that cases get on for hearing faster than in the High Court, reducing waiting times and associated expenses. Combined with stricter document production timelines and active case management, these changes point towards a more efficient system with fewer procedural hurdles and less scope for delay. Ultimately, this should result in lower overall litigation costs for insurers and a more transparent process for all parties.

Conclusion

The significance of these proposals cannot be understated. If enacted, they would represent the most substantial change to personal injury litigation in Ireland since the introduction of the Personal Injuries Guidelines in 2021. These measures will fundamentally alter how claims are managed by the courts, litigants and indemnifiers. While the intention is clearly to create a more efficient and cost-effective system, the practical impact will only become apparent when these reforms are engaged with by stakeholders.

If you would like further advice or information on how these reforms could affect your claims handling, litigation strategy, or overall risk management, please contact our Litigation team at CKT.