Fewer delays. Lowered costs. The Civil Reform Bill 2025 proposes a broad range of practical changes aimed at reshaping civil litigation. Our Medical Law team considers the most significant and practical implications of the Bill for healthcare litigation in Ireland.
What you need to know
- The Civil Reform Bill 2025 aims to reduce delays, costs and unnecessary complexity in civil litigation.
- Courts will place greater emphasis on efficient case management and early identification of the real issues.
- In healthcare litigation, the proposed introduction of pre-action protocols is intended to encourage earlier engagement and resolution of claims.
- Stricter timelines and case conduct rules will encourage timelier case progression.
- Lower-value medical negligence claims may now be dealt with outside the High Court, reducing delays and expense.
The General Scheme of the recently published Civil Reform Bill 2025 signals a decisive shift in how civil litigation will be conducted in Ireland. The Bill proposes wide-ranging reforms designed to increase efficiency, reduce delay and bring greater discipline to the conduct of civil proceedings.
Jurisdictional changes
One of the most practical reforms is the proposed increase in the monetary limits of the courts:
- District Court: from €15,000 to €20,000
- Circuit Court: from €75,000 to €100,000 (from €60,000 to €100,000 for personal injury claims)
Personal injury claims with a value of up to €100,000 will now fall within the Circuit Court’s jurisdiction rather than the High Court. For medical negligence claims valued at the lower end, this shift is welcomed, as proceedings in the Circuit Court are typically faster and less costly.
However, these changes also emphasise the importance of selecting the correct jurisdiction. Where lower-value claims are brought in higher courts, claimants may be exposed to adverse costs consequences. Legal practitioners will therefore need to assess choice of jurisdiction carefully at the outset, as the cost consequences of getting it wrong may be significant.
Encouraging progress and avoiding delays
Medical negligence claims are inherently complex, often leading to lengthy litigation and significant costs. Sometimes these claims can remain inactive for prolonged periods.
One of the Bill’s proposals is that proceedings could be deemed discontinued where there has been insufficient activity over a “defined period”. It does not specify what that period is but is likely to be addressed in the relevant Court rules. The policy objective is clear though: to encourage progression and reduce court backlogs.
This policy is further endorsed by the introduction of formal case conduct principles. These principles require that proceedings be conducted in a just and expeditious manner in order to minimise costs. They place a strong emphasis on:
- Narrowing the issues at an early stage
- Minimising conflict between the parties, and
- Early engagement with alternative dispute resolution (ADR)
A presumption against adjournments also serves as a mechanism to limit unnecessary delay and contain the overall length of proceedings. A new system for production and inspection of documents is proposed in the Bill replacing the current discovery regime. Production will be restricted to documents that are:
- Relevant and material to the outcome of the proceedings
- Reasonably likely to be relied on at trial, and
- Necessary for the administration of justice
These more stringent criteria should minimise both delay and costs in civil litigation and promote greater procedural balance between the parties.
The Bill also focuses on delays after claims are resolved. It proposes that the successful party shall furnish a final bill of costs within three months after the conclusion of the proceedings. If the bill of costs is not submitted in time, interest may not be payable.
Taken together, these measures signal a clear shift towards earlier engagement, tighter procedural discipline and more active case progression across civil litigation. In the context of medical negligence claims, the reforms are likely to influence how proceedings are managed from an early stage, with a greater focus on defining the issues and reducing avoidable delay and cost.
Narrowing the focus of claims
Pre-existing Medical Conditions
Many healthcare claims involve patients with complex medical histories, making it difficult to distinguish between pre-existing conditions and injuries alleged to arise from negligent treatment.
Section 10(2)(d) of the Civil Liability and Courts Act 2004 already requires that the injuries alleged to have been caused by the negligence be clearly pleaded. The Bill enhances the framework by strengthening the obligation on claimants to clearly identify the injuries alleged to result from the negligence and to distinguish them from any pre-existing medical conditions and illnesses. The aim is to sharpen the focus of how claims are pleaded at the outset, thereby reducing evidential sprawl and ensuring that proceedings centre on the causative injuries.
Pre-Action Protocols (PAPs)
The Bill builds on the existing momentum for the introduction of PAPs in clinical negligence litigation, with reference to extending PAPs to “specified areas of litigation”. PAPs prescribe the steps that must be taken before proceedings are commenced.
When implemented, the Bill anticipates that PAPs will:
- Promote early and timely engagement between the parties
- Encourage early exchange of relevant information
- Facilitate early resolution, including ADR, and
- Narrow the issues in dispute, reducing delay and cost
In our previous article, available here, we examined earlier initiatives aimed at reforming healthcare litigation which included the long awaited introduction of PAPs. In addition, we were hopeful for the resumption of Periodic Payment Orders (PPOs). PPOs transform the resolution of catastrophic injury claims by replacing once off lump sum payments following a settlement with structured annual payments providing certainty of lifelong support for claimants.
Conclusion
The Civil Reform Bill is a positive step towards modernising civil litigation by streamlining procedures, reducing delays, lowering legal costs and promoting justice and efficiency.
The reforms are likely to have a significant impact on Ireland’s healthcare litigation landscape. In particular, proposed changes in jurisdiction and the introduction of PAPs will reshape how claims begin and should significantly reduce the duration and costs of these claims. The strengthened requirement to specifically distinguish pre-existing medical conditions from the causative injuries arising from the alleged negligence is particularly welcomed to narrow the focus of medical claims.
We look forward to enactment of the Bill and the potential positive impact of its proposed reforms. As with any legislative reform, its effectiveness will only become clear as it is applied in practice, so time will tell.
Separately, we hope that 2026 will see the re-introduction of PPOs, which will be transformative in the management of high value settlements in healthcare litigation.
For more information and expert advice on the impact of the Civil Reform Bill, contact a member of our Medical Law team.
This content is provided for information purposes only and does not constitute legal or other advice.
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