Court Proceedings (Delays) Act 2024

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PART 5

Application to Circuit Court on Foot of Authorisation

Application to Circuit Court

24. (1) A person to whom an authorisation has been issued (in this Part referred to as an “applicant”) may, in respect of the relevant proceedings to which the authorisation relates and in accordance with this section, institute proceedings (in this Part referred to as an “application”) in the Circuit Court to obtain a declaration under subsection (6)(a)(i) and, where applicable, any other relief specified in that subsection.

(2) Subject to subsection (3), an application under this section shall be made not later than 6 months after the date on which the authorisation is issued.

(3) The Circuit Court may, if it considers it appropriate to do so in the interests of justice, by order extend the period referred to in subsection (2).

(4) An application under this section shall lie only against—

(a) Ireland,

(b) the Minister, and

(c) notwithstanding section 100 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 , the Courts Service.

(5) No court or judge may be enjoined in an application under this section.

(6) The Circuit Court shall, on hearing an application made under subsection (1)—

(a) subject to subsection (7), make a declaration that, in relation to the relevant proceedings the subject of the application—

(i) there has been a breach of the applicant’s right under section 11 (1), or

(ii) there has not been a breach of the applicant’s right under section 11 (1),

(b) subject to subsection (8), where the Court has made a declaration under paragraph (a)(i), determine—

(i) whether compensation is payable to the applicant, and

(ii) if so payable, the amount of such compensation,

and

(c) subject to sections 28 and 29 , make—

(i) an award of costs or any other order providing for the payment of costs to the applicant or a respondent or the respondents, or

(ii) no order as to the payment of costs to the applicant or a respondent or the respondents.

(7) The Circuit Court shall make a declaration under subsection (6)(a) by reference to the matters referred to in paragraphs (a) to (d) of section 11 (4).

(8) The Circuit Court, in making its determinations under subsection (6)(b), shall—

(a) take due account of the matters referred to in paragraphs (a) to (d) of section 11 (4), and

(b) in calculating the amount of compensation payable (if any)—

(i) do so by reference to, and on the basis of, the principles applied by, the practice of and the levels of compensation awarded by the European Court of Human Rights in decisions in which that Court found that there was a violation of a person’s right under Article 6(1) of the Convention to the conclusion of proceedings within a reasonable time and, in particular, any such decision in which the facts and circumstances of the case to which the decision relates are, in the opinion of the Circuit Court, comparable to those relating to the relevant proceedings to which the application under subsection (1) concerned relates, and

(ii) have regard to any injury, loss or damage suffered by the applicant as a direct result of the breach of the applicant’s right under section 11 (1) to which the Court’s declaration under subsection (6)(a) relates.

(9) The jurisdiction conferred on the Circuit Court by this section may be exercised by a judge of that Court assigned to the circuit in which the applicant ordinarily resides, carries on any profession, business or occupation or has an establishment.

(10) Any monetary limit on the jurisdiction of the Circuit Court to award compensation in tort that stands prescribed, for the time being by law, shall not apply to a determination under subsection (6)(b)(ii).

(11) In this Part—

“applicant” means a person who makes an application under this section;

“respondent” means a party referred to in subsection (4) who is a respondent in an application under this section.