The President of the High Court, Mr Justice Peter Kelly, opined a few years ago that only “paupers and millionaires” could afford to litigate in the High Court.
A recently retired Judge, Deirdre Murphy, says that that quote should now be amended to “paupers and multimillionaires”.
At a recent talk she made some interesting observations about access to justice and the change in State policies over the last few years which has threatened the viability of small and medium sized solicitor firms.
A determination by the Competition Authority has meant that there is not enough work to go around for the 2,500 barristers who have been called to the bar in Ireland.
And she makes the chilling observation that if smaller firms and independent barristers disappear there will be nobody left to take cases to challenge the power of the State because the big corporate firms have no interest in doing so.
I often have individuals come to me seeking to go to the High Court for all sorts of things, including an injunction to prevent their dismissal from their employment.
I must focus their mind quickly by advising them how much funds I will need to be provided with in advance if they want to go to the High Court. It is usually a conversation stopper.
That is the reality, for better or for worse.
P.S. She is wrong about small firms, however. You can make a perfectly good living without going to the High Court. But that is a blog post for another day.