Have you been waiting for updates on your legal case, only to be met with radio silence over the summer months? You’re not alone. July and August often seem like a quiet time in the legal world, with few case developments making the headlines. The reason? Ireland’s courts go into their annual summer recess during this period, pausing much of the legal process.
But what exactly happens during this recess, and how does it affect the progress of cases? In this article, we’ll explore the structure of the Irish court year, explain the impact of the summer recess on different types of cases, and discuss what claimants can do to navigate the delay. We’ll also shed light on how agencies like the Personal Injuries Resolution Board (PIRB) and the Workplace Relations Commission (WRC) operate during this time.
The Structure of the Irish Court Year: Terms and Recesses
Ireland’s court year is organised into four main terms, each lasting approximately two months. These terms determine when courts are in session and when they go into recess:
- Michaelmas Term: Early October to just before Christmas.
- Hilary Term: January to the end of March.
- Easter Term: After Easter to early June.
- Trinity Term: Early June to late July.
Between these terms, courts take recesses to allow judges, lawyers, and court staff to rest and prepare for the next term. The most significant of these is the summer recess, which runs from late July through to early October. During this time, most civil and criminal cases are postponed, causing a noticeable slowdown in legal proceedings.
However, while the summer recess halts most court activities, it doesn’t mean the courts completely shut down. Urgent cases, as well as specific criminal proceedings, continue, but the overall volume of case activity drops significantly.
What Does the Summer Recess Mean for Court Activity?
Civil Cases: Postponements and the Growing Backlog
Civil cases, which cover a broad range of disputes—such as contract issues, personal injury claims, and family law matters—are typically delayed during the summer recess. Since these cases are not usually considered urgent, they are rescheduled to be heard once the courts reopen in October, leading to a growing backlog.
The impact of this delay can be significant. For example, in 2022, data showed that civil case activity in the High Court dropped by approximately 30% during the summer recess, leading to a backlog that took weeks, sometimes months, to clear after the courts resumed in the autumn.
Although litigants can request urgent hearings during the recess, only a small number of cases qualify. Examples of cases that may proceed during this time include:
- Emergency injunctions: Where immediate court action is needed to prevent irreparable harm.
- Certain family law matters: Such as those involving the welfare of children or urgent financial needs.
For most civil cases, though, the summer means waiting for the courts to get back to business, adding frustration for claimants who are eager to resolve their disputes.
Criminal Courts: The Central Criminal Court Continues to Operate
While civil courts are quiet, the criminal justice system keeps running, albeit on a reduced schedule. The Central Criminal Court, which deals with serious criminal matters such as murder, manslaughter, and rape, continues to hear urgent cases during the summer recess. This ensures that serious criminal trials, particularly those involving defendants in custody, can proceed without unnecessary delay.
Lower-profile criminal cases, however, face similar delays to civil cases, with most being pushed back to the Michaelmas term. Still, for those involved in serious criminal matters, the Central Criminal Court ensures that the wheels of justice don’t entirely stop turning over the summer.
The Role of the Personal Injuries Resolution Board (PIRB) During the Summer
Unlike the courts, the Personal Injuries Resolution Board (PIRB) remains operational throughout the year, including during the summer recess. PIRB was established to handle personal injury claims without the need for court proceedings, offering a faster and more efficient alternative to litigation. It was originally known as the Personal Injuries Assessment Board (PIAB).
While PIRB technically operates year-round, there can still be delays in certain cases during the summer months. Many personal injury claims rely on expert reports—such as medical or engineering assessments—that may be delayed due to professionals taking time off. These delays can cause PIRB assessments to slow down, even though the board itself remains open.
For claimants, the summer months may feel like a quiet period, but the benefit of PIRB’s year-round operation is that claims can still move forward, even if at a slower pace.
The Workplace Relations Commission (WRC) and Summer Operations
The Workplace Relations Commission (WRC), which deals with employment disputes and industrial relations issues, is another organization that continues to function without major interruptions over the summer. The WRC addresses workplace grievances, unfair dismissals, and other employment-related matters.
While the WRC doesn’t have formal recess periods like the courts, there may still be delays due to the absence of key personnel (such as legal representatives or employers) during the summer. For example, if negotiations or hearings require the involvement of specific individuals who are on leave, this can slow down proceedings.
That said, the WRC is generally a reliable alternative to the courts for those seeking resolution of employment disputes, even during the summer months.
Navigating the Summer Recess: What Should Claimants Do?
For claimants, the summer recess can feel like an endless waiting period. However, there are several steps you can take to stay proactive and ensure that your case is ready to move forward once the courts reopen:
1. Stay in Contact with Your Solicitor
Even though the courts may be on recess, your solicitor can still work on your case. Use this time to stay in touch with them, check on the status of your case, and make sure all necessary documents are in order. Being prepared means your case can proceed smoothly once the Michaelmas term begins.
2. Gather Evidence and Prepare Your Case
If your case is pending, now is the time to gather additional evidence, documentation, or expert reports. Whether it’s medical assessments, witness statements, or financial documentation, having everything ready will put you in a strong position when the courts reopen.
3. Consider Alternative Dispute Resolution (ADR)
In some cases, you may not need to wait for the courts to resolve your dispute. Mediation, arbitration, or negotiation can often provide quicker and less expensive resolutions. Discuss ADR options with your solicitor, especially if both parties are open to settling outside of the courtroom.
4. Manage Your Expectations
It’s important to remain patient during the summer recess. While it can be frustrating to deal with delays, especially in personal injury or employment-related cases, understand that the legal system operates on a set calendar. The summer recess is a necessary part of that schedule, allowing for a more efficient system in the long run.
The Purpose of the Summer Recess: Efficiency and Rest for the Legal System
Although it may seem like an inconvenient delay, the summer recess plays an essential role in maintaining the efficiency of the legal system. Judges, solicitors, barristers, and court staff work under intense pressure during the regular court terms, and the recess gives them time to rest and recharge.
Moreover, the break allows legal professionals to prepare for the upcoming term, reviewing case details and ensuring that they are ready to hit the ground running once the courts reopen in October. This downtime ultimately benefits claimants, as a refreshed legal system is more capable of handling complex and high-volume caseloads when it reconvenes.
What to Expect When the Courts Reopen: Preparing for the Michaelmas Term
As the summer comes to an end and the Michaelmas term begins in early October, you can expect a significant increase in legal activity. Courts will begin addressing the backlog created over the summer, which means cases that were postponed during the recess will finally start moving forward.
If your case was delayed due to the summer break, now is the time to speak with your solicitor about what to expect in terms of timelines. The courts typically prioritise urgent cases, so it’s important to understand where your case falls in the schedule.
While the backlog may lead to further delays in some cases, being prepared and proactive will help ensure that your case progresses as efficiently as possible.
Conclusion: Navigating the Summer Silence in Legal News
The summer silence in legal news is not a mystery once you understand the court system’s schedule. The annual recess is an essential part of the Irish legal calendar, allowing time for rest, preparation, and the efficient management of cases throughout the year. For claimants, the key is to stay prepared, remain patient, and explore alternative options for resolving disputes if necessary.
If you’re concerned about delays in your case or unsure how the summer recess affects your legal options, the Irish Claims Board is here to help. Contact us today to discuss your case and explore how we can assist in keeping your legal matters on track.
If you would like an assessment of a claim, you can use the online form available here without obligation or alternatively you can use the automatic claim calculator.
