Taking and appealing a civil case

Civil cases are taken by individuals or organisations against other people or organisations. These cases are usually private disputes, such as disputes involving accidents or breaches of contract.

The Courts Service has information on what and who to expect in court and a video to prepare for your Civil Court hearing.

Before you start a civil case, you should get legal advice. Learn more about getting civil legal aid and advice and find contact information for solicitors  throughout Ireland. The Courts Service also provide information on Legal Advice and Mediation.

You can find out if you are eligible for legal aid or advice. You can contact your nearest law centre. You can also contact your nearest Citizens Information Centre or FLAC (Free Legal Advice Centres) services in your area.

Writ or pleading

To start your case, you must issue and serve an appropriate court document. These documents are often called a writ or pleading. Typically, other court documents are then exchanged between those involved in a case. You can find more about writs and pleadings.

Settling before court

Many cases do not get to court because they are settled in advance. If you get an offer to settle your claim and you refuse the offer, the defendant can lodge that amount or a different amount in court. You can find more about settlement of claims and lodgements.

After the court case, if you are unhappy with the outcome, you may appeal the decision (see below).

You can take different types of civil claims to court. Some of these are described below.

Personal injury claims

Many civil claims are personal injuries claims brought because of road traffic accidents, accidents at work and slipping or tripping and falling in a shop, on a road or in a public place.

Before you take a personal injuries action through the courts you first must send your claim to the Injuries Resolution Board.

Claims for breach of contract

You may have a claim based on breach of contract if the terms of your contract have been broken.

Nuisance claims

Your claim may be based on a neighbour's interference with your enjoyment of your property. For example, if noise pollution from your neighbour is affecting your quality of life.

Defamation claims

Your claim may be for damages as a result of defamation if your reputation is damaged because of the publication (spoken or in writing) of untruths about you.

Claim over ownership of land

You may have a claim relating to ownership of land.

Breakdown of marriage or relationship

You may need the court to sort out arrangements if your marriage or relationship has broken down.

Your case may be heard in the District Court, the Circuit Court or the High Court. The appropriate court to hear your case will depend on the value of your claim - how much you claim the defendant should pay you.

Some courts have a limit on the amount they can award.

Value of claims heard by each court

• The District Court can award up to €15,000 in damages.
• The Circuit Court can award up to €75,000 in damages. In personal injuries actions, it can only award €60,000.
• The High Court has no limit on the damages it can award.

Assessing the value of your claim

For example, if you are injured in an accident, your legal representatives will assess the value of your claim based on your doctors' reports about the nature and extent of your injuries and the likely course of your medical condition in the future.

If your claim is for breach of contract, your legal representatives will review the value of your claim based on the loss you have suffered from the other person’s breach of contract.

Taking your claim to the right court 

It is important that you take your case to the correct court based on the value of your claim.

• If you take your case in a lower court and win your claim, the court can only award you the maximum limit of damages for that court.  For example, if your claim is for €20,000, the District Court can only award you up to €15,000 in damages.
• If you win your case in a higher court but your claim is valued lower than what that court usually hears, the court may penalise you by asking you to pay the extra costs that both sides have had to spend for taking the case in the higher court.
• So, if your case is heard in the Circuit Court and you are awarded less than €15,000 in damages, you may be penalised in costs.
• And if your case is heard in the High Court and you are awarded less than €75,000 in damages, you may be penalised in costs.

You must start your case within a certain time limit.

The time limits for starting proceedings are set out below:

• A personal injuries claim must be started within 2 years of you becoming aware that your injuries were caused by another’s negligence or when you ought to have become aware of those facts
• A claim based on nuisance, where a person has interfered with your enjoyment of your property, must be brought within 6 years of the nuisance. forexample, noise pollution. However, it will typically be brought much sooner as you will not want the nuisance to continue
• A claim based on breach of contract must generally be brought within 6 years of the breach
• A claim based on defamation must generally be brought within 1 year of the publication of the defamation such as in a newspaper or social media comment
• Claims relating to land generally must be brought within 12 years

You can find more about the time limits set out in the Statute of Limitations Act 1957

If you are unhappy with the result of your case, you can appeal your case to a higher court. Normally, you can take only one appeal of any decision made.

What court will hear your appeal?

• If your case started in the District Court, it can be appealed to the Circuit Court.
• If your case started in the Circuit Court, it can be appealed to the High Court.
• If your case started in the High Court, it may be appealed to the Court of Appeal or the Supreme Court in exceptional circumstances.

Time limits on making an appeal

There are relatively strict time limits in place for lodging appeals. If you intend to appeal, you should be aware of these timelines.

If you want to appeal a decision of the High Court in a civil case, you should appeal within 28 days of the official decision.

You should appeal a Circuit Court decision within 28 days and a District Court decision within 14 days.

Appealing all or part of a decision

You may choose to appeal all of a decision or part of the decision.

Full appeal of a civil case

You may choose to appeal the original judge's decision in full such as their decision on who was to blame and the damages awarded (if they were awarded). In this case, the appeal court may:

• Agree with the decision of the original court and uphold it
• Disagree with the decision of the original court and overturn it
• Increase or decrease the amount of damages awarded

Part appeal of a civil case

If you are happy with the decision made by the original judge in relation to who was at fault, but you are unhappy with the amount of damages they have awarded, you may appeal the amount of damages awarded only.

In such a case the appeal court may increase or decrease the amount of damages awarded by the original judge.

Both sides may appeal. It may be the case that you appeal against the level of damages awarded to you, but the other side also appeal the decision that they must pay damages, or vice versa.

If you lose your appeal, you may have to pay the costs of both sides. So, if the other side makes any offers to settle you should seriously consider their offers.

You can get further information on the Courts Service website, including on appeals from the District Court to the Circuit Court and appeals from the Circuit Court to the High Court.

The Courts Service has information on what and who to expect in court and a video to prepare for your Civil Court hearing.

You can also find a list of civil law support services on the Courts Service website.