Third Programme of Law Reform 2008-2014

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third programme of law reform 2008-2014APPENDIX 1ABSTRACTS OF PROJECTS IN THETHIRD PROGRAMME OF LAW REFORMA. Legal System and Public Law1 The Law Relating to JuriesThis project will involve a general review of the law concerning the jury systemin Ireland, with particular emphasis on reform of the Juries Act 1976. This willinclude qualification for jury service, jury selection and the consequencesof failure to attend for jury service. The Commission will consult with allinterested parties, including the Courts Service.2 Debt Enforcement and Securing Interests over Personal PropertyThis project will include an examination of the legal issues surrounding theinstalment order procedure. The Commission will also examine the attachmentof security interests to personal property. The Commission is aware that FLAC(the Free Legal Advice Centres) has carried out work on some aspects of thisproject and will consult with them and other interested parties.3 Bench Warrants and Search WarrantsThis project will examine the enforcement of court orders and the service ofproceedings in both civil and criminal cases, in particular the procedure forthe execution of bench warrants and search warrants. The associatedprocedural problems in this area have resulted in inefficient use of courtresources.4 Limitation of ActionsThis project will examine in general the limitation periods for civil claims in theStatute of Limitations 1957 and the potential for consolidation of the limitationperiods. This project involves the completion of work begun under theCommission’s Second Programme of Law Reform, and which reflected earlierwork by the Commission that reviewed specific aspects of this area of law.5 Alternative Dispute ResolutionThis project involves the completion of work begun under the Commission’sSecond Programme of Law Reform. The Commission will examine the mainprocesses of ADR including partnering, mediation, conciliation, expertdetermination and collaborative lawyering. Key principles, includingconfidentiality, enforceability of ADR agreements and training of ADRprofessionals will also be examined.11
Law Reform Commission6 Consolidation and Reform of the Courts ActsThe project will lead to a draft Courts Bill which will contain a completelegislative statement of the jurisdiction of the courts in Ireland, currentlycontained in over 100 Acts, both pre-1922 and post-1922. The project involvesthe completion of work begun under the Commission’s Second Programmeof Law Reform. The project will also incorporate proposals for reform in thisarea.B. Law of Evidence7 Documentary Evidence and TechnologyDocumentary evidence is an essential element of nearly all litigation. Thisproject will discuss the rules concerning proof of execution and authenticationof documents, and consider the need for their modernisation. The project willalso consider whether electronic evidence should be regulated as a separatecategory of evidence.8 Hearsay in Civil and Criminal CasesThe Commission has previously examined the hearsay rule as it applies in civilcases. This project will build on this previous work and extend the analysis toinclude the use of hearsay in both civil and criminal cases.9 Advance Disclosure of Defence CasesThis project will examine whether it would be appropriate to require advancedisclosure of defence cases in criminal trials. The Report of the Balance in theCriminal Law Review Group (2007) recommended that this should be examinedin some detail.10 Forensic EvidenceThis project will build on previous work by the Commission under the SecondProgramme of Law Reform, notably on the Establishment of a DNA Database.That work benefited greatly from the interdisciplinary assistance of experts fromthe scientific and forensic community and the Commission will continue toconsult widely on this project in order to ensure that relevant developments arereflected in law reform proposals.12
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Third Programme of Law Reform 2008-2014

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