The High Court () of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies.
Structure
The High Court is established by Article 34 of the Constitution of Ireland, which grants the court "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President, as Article 35 dictates. However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the Government". In practice, this means that the judges are nominated by the government and automatically approved by the President.
The High Court is composed of its president, 42 ordinary judges, and additional judges being ex officio the Chief Justice, the President of the Court of Appeal, the President of the Circuit Court, and former chief justices and courts presidents who remain judges.
Cases are normally heard by one judge, but the President of the High Court may order that a particular case be heard by three judges sitting together — a so-called 'divisional court'.
The court normally hears cases in the Four Courts building in Dublin, although it also has regular sittings outside the capital.
Mella Carroll was the first woman to serve on the court and did so between 1980 and 2005.
Central Criminal Court
The High Court is known as the 'Central Criminal Court' when it is hearing a criminal case. The Central Criminal Court has exclusive jurisdiction over the following criminal offences:
treason, encouraging, harbouring, or comforting treason, an offence under section 6, 7, or 8 of the Offences Against the State Act 1939, piracy, genocide, a severe breach of the Geneva Conventions, murder, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990, and aggravated sexual assault, burglary with intent to commit rape, and anti-competitive behaviour and abuse of a dominant market position contrary to the Competition Act 2002.
All Central Criminal Court cases are heard in front of a jury of twelve people. The defendant can be convicted on a majority verdict of ten jurors. Appeals from the Central Criminal Court can be made to the Court of Criminal Appeal, and the sentence can be appealed as well as the verdict.
Civil cases
The High Court is the court of first instance for all civil cases where the plaintiff is claiming more than €75,000 in damages in ordinary contract and tort claims, or €60,000 in damages in personal injuries actions, this being the upper limit of the jurisdiction of the Circuit Court.
By virtue of its full original jurisdiction under the Constitution, however, theoretically a civil action of any value may commence in the High Court.
The High Court has full chancery powers to grant any injunction or declaration that could be granted by a court of chancery. Petitions to windup companies and various company law remedies are heard by the High Court which has exclusive jurisdiction in this area.
The High Court further has exclusive jurisdiction in the area of bankruptcies.
In contentious Probate matters and Family Law, the High Court has concurrent jurisdiction with the Circuit Court over such claims. Non-contentious Probate motions are heard solely by the High Court.
The High Court has full jurisdiction in Admiralty and can exercise jurisdiction under the Brussels Convention on the Arrest of Seagoing Vessels.
The Court also has power of judicial review over the acts of the government and other public bodies, including the decisions of all inferior courts, and decisions made by tribunals of inquiry.
The High Court hears all applications for extradition, both under the European Arrest Warrant system and to non-EU member states.
Appeals from professional disciplinary bodies under the Nurses Act, Medical Practitioners Act and Solicitors Acts are to the High Court.
Any non-criminal judgment or order of the High Court sitting as a court of first instance may be appealed to the Supreme Court save as provided for by statute.