The General Scheme of a Civil Reform Bill 2025 was published by the Government on 6 January 2026, giving a general overview of the reforms it envisages. It marks a major milestone toward the reform of civil litigation in Ireland.
The changes envisaged by the General Scheme of the Civil Reform Bill (the “General Scheme”) both deliver and expand on many of the recommendations in the Review of the Administration of Civil Justice Report (the “Kelly Report”), which was published over five years ago. If implemented in its current form, it will have the potential to transform how litigation is conducted in Ireland, from how proceedings are commenced and managed, to the scope of judicial review and the discovery process.
The proposed reforms aim to increase efficiency, reduce costs, and improve access to justice. There is an emphasis on early and up-front investigation and early narrowing of issues and facts, close case management, active litigation, early settlement discussions, a presumption against adjournments and deemed discontinuance where no action is taken.
The Government has stated that the proposed reforms will support the Accelerating Infrastructure Report and Action Plan, which identifies the enactment of a civil reform bill to codify the law on judicial review as one of its specific action points. However, planning judicial reviews under Part 9 of the Planning and Development Act 2024 are expressly excluded and continue to be governed by their existing statutory regime.
Below are some of the key proposed changes and implications for practitioners.
Discovery and production of documents
One of the most significant proposed reforms relates to the discovery process in civil litigation. Part 2 of the General Scheme addresses the key recommendations of the Kelly Report, namely abolishing existing discovery, inspection and production procedures and replacing them with new “Production of Documents” rules.
It is proposed that discovery will be frontloaded and specific time limits will be set for the exchange of documents. Unless otherwise agreed between the parties or permitted by the court, claimants will be required to produce documents within a tight timeframe of 28 days of service of the claim notice and respondents will be required to provide documents within 42 days of service of their defence. Any order for production of documents by a non-party to the proceedings may specify the relevant timeframe for compliance.
The existing practice of parties negotiating and agreeing the categories of documents to be produced will no longer apply, Instead, parties will be required to produce only:
- documents they intend to rely on at trial;
- documents relevant and material to the outcome that the other party would be reasonably likely to rely on; and
- documents necessary for the administration of justice.
There is provision for parties to apply to court to direct the production of documents that are relevant to the proceedings and necessary for the administration of justice. The court will retain discretion to order additional production of documents (including by non-parties to proceedings), having regard to cost, procedural efficiencies, administrative burden, proportionality, fairness and equality, and relevance and materiality to the outcome. The court may also exclude certain documents from production.
This represents a significant departure from current practice, where discovery is exchanged only after pleadings have closed and timelines for production tend to be much longer. The intention is to substantially reduce the cost, time, and administrative burden associated with document production in commercial litigation, particularly in complex multi-party disputes.
Judicial review
Part 3 of the General Scheme proposes to codify judicial review procedure, putting it on a statutory basis. It requires challenges to the validity of acts of public bodies to proceed either by way of statutory appeal or judicial review application.
While the recent Planning and Development Act 2024 (“PDA 2024”) introduced a number of significant reforms to judicial review proceedings relating to planning, the General Scheme envisages broad reform of judicial review more generally. Specific exclusions apply to certain judicial review applications, including applications for judicial review under Part 9 of the PDA 2024.
Consistent with current practice, leave to apply for judicial review will be required in most cases, with applications to be filed within eight weeks from the date when grounds first arose, subject to limited extension to a maximum of 16 weeks. The Circuit Court and High Court would have concurrent jurisdiction, with certain immigration, asylum, and lower-value matters assigned to the Circuit Court.
It is proposed that a remedy under judicial review may only be granted where all of the following criteria are met:
- the respondent has acted unlawfully;
- the applicant has suffered harm or prejudice;
- any error (of law or procedure) was material to the decision under review;
- the interests of justice (taking in account both the interest of the applicant and the public interest) require such a remedy; and
- the remedy provides significant benefit to the applicant.
It is provided that costs may only be awarded to an applicant where the final decision of the court provides “a significant benefit” to them. This marks a significant departure from current practice where the court has discretion as to costs.
The requirements for the applicant to have suffered harm or prejudice and for the remedy to provide significant benefit to the applicant, as well as the restriction that costs may only be awarded where there is a significant benefit to the applicant, do not apply to planning judicial review applications falling within section 286(2) of the PDA 2024.
Civil procedure
Part 4 of the General Scheme proposes various reforms to civil procedure in the courts, including:
- pleadings reform – Head 25 introduces a single originating document described as a “claim notice”, This would replace existing originating documents including civil bills, originating notices of motion, originating summonses and petitions;
- case conduct principles – Head 15 requires parties to identify and narrow matters of law and fact in the proceedings early, to conduct proceedings expeditiously and cost-effectively, and to use alternative dispute resolution where appropriate. The courts are required to engage in active case management to ensure these principles are adhered to, including imposing time limits and word counts;
- presumption against adjournments, extensions and stays – Head 16 provides for a presumption against adjournments, extensions and stays unless the court is satisfied there is sufficient reason for it and that it would be in the interests of justice to do so. In considering whether there is sufficient reason, the courts must consider various matters including case complexity, party conduct, previous adjournments, the impact on parties and court efficiency, and adherence to case conduct principles;
- deemed discontinuance – Head 17 provides that, where an action has not yet been set down for trial and where no steps have been taken by the other party for six months, a party may serve notice of their intention to seek deemed discontinuance. If no steps are then taken within 28 days, the serving party may then apply for deemed discontinuance. Proceedings would be deemed discontinued upon lodging of a valid application but the court may set aside the discontinuance within three months if satisfied that there is good reason for doing so and that the circumstances that resulted in the failure to make progress were outside the control of the party subject to the notice;
- pre-action protocols – for certain specified areas of litigation, Head 19 provides for the Minister for Justice, Home Affairs and Migration (following consultation with Court Rules Committees, legal regulatory authorities and other appropriate bodies) to issue regulations for pre-action protocols, requiring parties to comply with specified requirements before commencing proceedings. Non-compliance may result in (a) directions that an action shall not proceed unless the steps required by the pre-action protocol are taken, (b) cost sanctions, (c) deprivation of interest or (d) orders to pay enhanced interest;
- lis pendens – Head 29 provides that a burden registered against land that is the subject of ongoing litigation shall be deemed to be vacated 28 days after registration, unless the party who registered it applies to court before the expiration of that period and is granted an extension. This proposal addresses the existing risk of improper use the lis pendens process; and
- bill of costs – parties that have been awarded their costs will, under Head 26, be required to serve their bill of costs on the other side within three months from the conclusion of the proceedings. Head 27 provides that non-compliance could result in non-recovery of Courts Act interest.
Jurisdiction of the District and Circuit Courts
Part 5 of the General Scheme proposes increasing the monetary jurisdiction of the Circuit Court from €75,000 to €100,000. The District Court’s monetary jurisdiction would similarly increase from €15,000 to €20,000.
Sheriffs
Part 6 of the General Scheme proposes changes to give effect to recommendations made by the Report of the Sheriff Review Group, including the circumstances in which a sheriff will automatically cease to hold office or may be removed by the Government, as well as a requirement for sheriffs to declare before the High Court that they will act fairly and impartially.
Next Steps
Announcing the reforms, Minster for Justice Jim O’Callaghan stated: “This Bill is progressing in tandem with ongoing progress in relation to broader access to justice initiatives. These include the Courts Service Modernisation Programme and the Judicial Planning Working Group, alongside ongoing technology improvements and operational reforms being delivered by the Courts Service. Overall, I believe these collective modernisation and reform measures will deliver significant efficiencies in terms of access to justice and the reduction of legal costs.”
A Civil Reform Bill, which is listed for priority drafting in the Government’s Spring Legislative Programme, will now be drafted on the basis of the General Scheme. That draft will then proceed to the Oireachtas (parliament of Ireland) for legislative scrutiny and debate. We will continue to monitor developments closely and provide relevant updates as the legislation progresses.
Contact us
Should you require further information about the issues discussed in this article, please contact any Disputes and Investigations partners or your usual Matheson contact.