Tughans Solicitors

IMPORTANT UPDATE: The County Courts (Financial Limits) Order (Northern Ireland) 2026

The much-anticipated secondary legislation increasing the general civil jurisdiction of the County Court has been drafted by the Department of Justice (DOJ) and will come into effect on 30 November 2026. The County Courts’ civil jurisdiction was originally set at £15,000 under the County Courts (Northern Ireland) Order 1980 and rose to £30,000 in February 2013.

Now, with effect from 30 November 2026:

  • The upper limit for claims will increase to £60,000
  • The jurisdiction of district judges will increase from £10,000 to £20,000
  • The limit for defamation claims will increase from £3,000 to £10,000

 

This will bring very significant changes to the way litigation will be conducted in Northern Ireland and will affect a range of cases including the following:

 

Noise-Induced Hearing Loss Claims (“NIHL”)

The Sixth Edition of the JSB Guidelines, published in April 2024, treats deafness and tinnitus as separate injuries. In practice, this contributed to an increase in the pleaded value of NIHL claims and to more NIHL claims being issued in the High Court. For insurers, this has led to higher costs being incurred, even in cases that ultimately settle for less than £30,000. Time scales for resolving NIHL cases commenced in the High Court is generally longer than can be expected for those commenced in the County Courts.

Once the increased limit takes effect, a substantial proportion of NIHL claims should fall within the County Court jurisdiction once again. This should provide a more proportionate costs framework and access to the dedicated NIHL list, where effective case management should lead to earlier resolution. This will of course mean that defence evidence will need to be gathered quickly, including expert evidence if required.

 

Credit Hire

Credit hire claims have increased significantly – higher daily hire rates, substantial sums for collision damage waiver, recovery and vehicle storage. When applied over a prolonged hire period, these charges can push a claim beyond the present £30,000 jurisdiction limit.

However, the increased jurisdiction limit should allow more claims to remain in the County Court, reducing the costs exposure for insurers that can arise when relatively straightforward credit hire claims are pursued in the High Court.

Given the statutory scale for costs in the County Courts and the quicker turnaround times, we anticipate that insurers may proactively pursue defence points in the knowledge that costs are within scales and cases may be resolved more quickly within the County Court setting.

 

Psychiatric Injury

Road traffic, public liability and employer’s liability claims increasingly include a psychiatric injury element, even where the physical injury itself is relatively modest. The addition of a psychiatric claim can increase both the pleaded value of the case meaning that these claims can properly be issued in the High Court with no prospect of remittal. Increasing the County Court limit should allow a greater proportion of these claims to be managed within a costs framework that is proportionate to their ultimate value.

 

Practical implications for insurers

The increase to the County Courts’ monetary jurisdiction to include the increase to the jurisdiction of District Judges should reduce the number of moderately valued personal injury and damage-only claims proceeding in the High Court. Whilst the statutory costs scales have increased and will accommodate the revised jurisdiction of the County Courts, the costs scales provide certainty for insurers. Existing case management structures within the County Courts should allow earlier resolution of claims.

 

 

Lucy Dawson | Associate Solicitor  Natasha Runciman | Associate Solicitor

 

For legal guidance and advice regarding these changes, please contact Natasha Runciman, Lucy Dawson or any member of our Dispute Resolution Team for more information

 

While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.