Proposal for a court of appeal

• Author: Susan Denham
• Position: Judge of the Supreme Court
• Pages: 1-14

2006] Proposal for a Court of Appeal 1

PROPOSAL FOR A COURT OF APPEAL

THE HON. MRS. JUSTICE SUSAN DENHAM*

I. WORK OF HIGH COURT

The Celtic Tiger is roaring through the courts. The workload

of the High Court has grown extensively in recent decades. In

1961 there was a President and seven ordinary judges. From the

1970’s the volume of cases increased with Ireland’s economic

and social development. This volume has grown exceptionally in

the last 10 years, both in the civil and criminal jurisdictions. The

High Court now consists of the President and 33 ordinary judges.

Yet it appears that this number is not yet sufficient to efficiently

process the number of cases presenting.

The lists of the High Court have grown, both in case

numbers and in categories. I keep on my desk two old Legal

Diaries, one from Thursday the 18th of July, 1957, and one from

Wednesday the 14th of January, 1959.

It is interesting to note the volume of work in those bygone

days. On the 18th of July 1957 the President of the High Court sat

to hear Wards of Court cases. Nothing else is listed between that

Thursday and the following Monday. On Monday the 22nd of July

there are 3 non-jury matters, Mr. Justice O’Dálaigh has a jury

action, Mr. Justice McLoughlin has a case in Court 2, Mr. Justice

Teevan has a jury trial at hearing.

Move on to Wednesday the 14th of January, 1959. There are

five Circuit Court appeals listed before Mr. Justice McLoughlin;

the President, Mr. Justice Haugh and Mr. Justice Murnaghan (a

Divisional Court) were listed to hear two cases stated. It was

another country!

Today it is radically different. This may be illustrated

simply by the list of the lists in the High Court. See our current

Legal Diary where the High Court has the following lists:

Personal Injuries (Dublin), Personal Injuries (Provincial), Bail,

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* Judge of the Supreme Court. This article is based on the text of an address

delivered at the Annual Conference of the Supreme and High Courts, organised

under the auspices of the Judicial Studies Institute, on May 19 2006.