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Data on litigation costs ‘inadequate’ – OECD

An OECD report on the Irish economy has expressed concerns about lengthier court proceedings, partly due to pandemic-related backlogs, and what it describes as “high and mounting” levels of legal costs.

It also finds that “incomplete digitalisation and fragmented information systems” across the system are hampering the production of comprehensive information on courts’ performance.

The section on legal costs is contained in the organisation’s biennial Economic Survey of Ireland 2025, published yesterday (12 February).

The report acknowledges that companies’ trust in the Irish legal and courts system is relatively high, and notes that efforts to increase judicial resources have been stepped up with the appointment of new judges.

It adds, however, that the effectiveness of the courts service will also hinge on ensuring adequate levels of skilled clerical and support staff, as well as efficient processes and operations.

Data gaps

The OECD points to shortcomings in the collection of data across the courts system, and calls for the implementation of the Courts Service’s single case-management system to be “front-loaded”.

The body also describes data on the costs of litigation as “inadequate”, arguing that this is hindering evidence-based policy-making.

“Comprehensive information on the detailed components of legal costs by type of litigated and settled cases, and on cost variation by provider and over time, is lacking,” the report states.

Legal partnerships

It welcomes the introduction of partnerships between barristers and solicitors, saying that such services should improve the quality and variety of the expertise offered to customers, and help contain legal fees.

“Regulatory reforms easing the setting up of multi-disciplinary practices in the legal remit could also boost competition,” it adds.

The OECD report backs the introduction of a new profession of conveyancer, saying that evidence from other common-law countries suggests that such a move led to lower prices.