Why is it so slow and difficult to enforce contracts in Ireland?

patslatt

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See Enforcing Contracts - Doing Business - World Bank Group

Ireland has been ranking poorly in the World Bank surveys "Ease of doing business" for enforcing contracts compared to other common law countries. This proves costly for business and individuals in today's litigious world as "justice delayed is justice denied".

The three criteria chosen for rankings in the link above include average time in days to process cases; legal costs as a percent of claims; and the quality of judicial process. For Ireland, the figures are 650 days, 26.9% and 8.5. For common law countries, the three figures are:
Ireland 650 26.9% 8.5
USA 420 30.5% 13.8
UK 437 43.9% 15.0
Canada 910 22.3% 9.5
Australia 395 21.8% 15.5
New Zealand 216 27.2% 11.0

Obviously, Ireland and Canada need to speed up court cases.

Ireland's costs at 26.9% don't look unreasonable and compare favourably with the punitive 43.9% costs in the UK.

Quality of judicial process is way lower in Ireland and Canada than in the other common law countries. In Ireland, this could be down to a shortage of judges or short working hours of judges. It should embarrass the Irish judicial system that its score of 8.5 is in the company of emerging market economies Belarus, Chile, Columbia, Costa Rica, Cote D'Ivorie and the Bahamas, which score between 8 and 9.
 
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McTell

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... "Ease of doing business" for enforcing contracts ....


If he's short of cash you won't go to court.

If he's flush, then the "legals" are punishment.

But often these cases are an attempt to re-write a contract the way the plaintiff thinks it should have been written, with the benefit of 20:20 hindsight. A judge has to consider that human aspect beside the texts.

Big problem here is no effective law on misrepresentation. The victorian law had holes poked thru it and it was never upgraded. Why so few bankers are in jail.

Why didn't the politicians upgrade it properly? We all know the answer to that.
 

clonard marxist

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Courts in the Free State are generally less-restrictive when interpreting contracts, the situation with trusts down there is radically different from England also, notably Belfast courts still follow decisions in Dublin when it comes to contract and equity.
 

McTell

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Courts in the Free State are generally less-restrictive when interpreting contracts, the situation with trusts down there is radically different from England also, notably Belfast courts still follow decisions in Dublin when it comes to contract and equity.

Last I looked, the trust law was based on an act of 1896!

Seems that the 1920s free state didn't like rich people; it was also made illegal to invest in gold. Rich foreigners? - welcome. Rich Irish people? - please go away and spend it in Marbella.
 

gleeful

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What kind of contracts? Its possible the Irish average numbers are skewed by a disproportionate number of complex cases where multinationals are suing each other.

As with all statistics, the median would be more informative than the average.
 


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