Life through a lens
The Litigation Committee tackles key issues like personal-injury law, commissioner-of-oaths fees, and litigation funding. Mary Hallissey speaks to committee chair Ann McGarry about the valuable work it’s doing for members
The remit of the Law Society’s Litigation Committee’s is broad – necessarily so, because litigation intersects with so many aspects of legal practice.
“In many ways, it touches everything we do,” says Ann McGarry, committee chair.
“With 32 solicitors serving on the committee, we have an incredible depth of expertise to draw on.
"Whether it’s reviewing and critiquing submissions on the law, identifying practical or procedural changes we can seek to address, or dealing with specific issues or policies submitted, someone around the table will have the insight we need. If I ever have an issue, the first place I always look to is the committee,” Ann says.
The Litigation Committee tackles key issues like personal-injury law, commissioner-of-oaths fees, and litigation funding. The committee plays a vital role in supporting the Law Society’s regulatory, representative, and law-reform functions.
Current members are from Cork, Donegal, Dublin, Kerry, Limerick, Louth, Monaghan, Kilkenny, Sligo and Tipperary. Large firms, sole practitioners, and in-house counsel are all represented, with an even female/ male mix.
Ann took over the role of chair at the end of 2024 after serving as deputy chair, and has been a long-standing member since 2016. She is a law graduate from Trinity College Dublin and has worked for over 25 years at every court level.
She is currently a sole practitioner in Co Monaghan, having previously worked in small-to-medium-sized practices in Cavan, Meath and Dublin – chiefly in all areas of civil litigation, with a focus on defence.
She has worked with the insurance industry on complex, high-value litigation – and also with the most vulnerable, including victims of abuse and the seriously injured. She is also the Law Society’s representative on the District Court Rules Committee.
Wearing an entirely different hat, she has served also as a judge for the Irish Law Awards.
Essential resource
The Litigation Committee works very hard to represent solicitors’ everyday challenges, she says.
“It’s an essential resource for the profession and serves as a strong, representative voice for solicitors.”
The committee’s work is shaped by direct feedback from solicitors, with regular correspondence that highlights issues practitioners are facing in their day-to-day practice.
Although the committee is unable to provide legal advice, it responds by pooling knowledge to offer practical guidance.
“Practitioner feedback is central to what we do,” says Ann. “We hear directly from solicitors about the issues they encounter, for example, a general-court procedural difficulty they have identified.
“We log this information so that practitioners’ real-world experiences inform our engagement with the Courts Service. Queries are also logged and can feed into later submissions,” she says.
Feedback loop
This feedback loop is crucial, the chair points out, as a seemingly isolated issue in one court office can often reflect a broader trend.
Measured progress is achieved through the work of sub-groups, which assess and report back, and the committee then reviews and refines those findings.
“Change in litigation practices can seem slow, but that’s deliberate. In law, mistakes aren’t an option, so progress has to be measured and carefully managed. Any shift in the profession tends to happen in small, deliberate steps. Much of that progress comes through subgroups.”
When other committees have queries, they are responded to through a litigation lens, Ann adds.
“Much of the committee’s work involves sensitive issues and, by necessity, is confidential to the committee. We research, assess, and jointly make recommendations to assist the working groups that our committee members are nominated to, as well as the Law Society Council.
“The committee’s consensus on an issue or action is not determinative: the reality of implementing and effecting positive change involves many layers of analysis and external considerations. So, even when we favour an option, the process is complex and nuanced,” she adds.
Committee submissions
During the past year, the committee has made formal submissions on jury reform, review of the Civil Legal Aid Scheme, discount rates, statements of truth, and Commissioner for Oaths fees.
It is actively working on litigation-funding reform (including litigation funding and collective action, redress, and representative action) and the introduction of a ‘long stop’ on limitation periods.
These projects involve detailed papers, stakeholder engagement, and sub-group collaboration. Committee members often cross-reference efforts and share expertise across other Law Society committees and gain from reciprocal assistance.
This cross-committee communication helps ensure that key litigation issues – such as potential risks or procedural bottlenecks – are thoroughly aired.
Changes to court rules are routinely reviewed to make sure litigation issues are considered. Members of the Litigation Committee have been appointed to courts rules external committees.
IRB engagement
Externally, the committee engages with the Injuries Resolution Board, the Judicial Council, and the Irish Medical Organisation on policies that affect litigation, particularly in the realm of personal injury.
Members also offer insights on various user groups for the superior courts and Courts Service portals, and AI developments in legal practice.
The committee liaises with the policy and media departments of the Law Society on key topics. Media requests from journalists are dealt with through provision of content or information, and occasionally through direct interviews, facilitated by a member of the committee in their capacity as an expert working in the field of litigation.
Her focus is on reinforcing public trust through the professionalism and visibility of local solicitors, many of whom are highly active in community life, Ann McGarry concludes.
Mary Hallissey is a journalist at the Law Society Gazette.
More information on the Litigation Committee is available on the Law Society website.