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Court: Court of Appeal
Topic: Appeals
Category: Civil

CA01 - Expedited appeals and non-compliant notices of appeal

Civil Appeals

1. Extended time for Notice of Appeal in expedited appeals from Orders perfected before 31st October 2014

2. Non-compliance with prescribed form of Notice of Appeal during Transitional Period

(Issued under Section 7C(2) of the Courts (Supplemental Provisions) Act 1961 inserted by Section 10 of the Court of Appeal Act 2014)

Extension of time for lodgment of expedited appeal

Notwithstanding the requirement in O.86A r.9(1) that notice of appeal in an expedited appeal be lodged for issue within 10 days of perfection of the Order appealed from, that period is hereby extended to 21 days in respect of an appeal against any Order perfected on or before 31st October 2014.

Non-compliant notice of appeal during Transitional Period

All notices of appeal (expedited and ordinary) should comply with the requirements of O. 86A r. 8 or O. 86A r. 12 and Form No. 4 or Form No. 6. However, where prior to 20th November 2014, a notice of appeal is lodged which does not comply with such requirements, the Office will accept and issue such notice of appeal for service, designating it as expedited or ordinary and give a return date for the directions hearing on condition that

  1. the appellant lodges in the Office and serves on all parties, within seven days from the date of issue of the original notice of appeal, an amended notice of expedited appeal or notice of ordinary appeal which is in accordance with Form No. 4 or Form No. 6 as appropriate; and

  2. where the appeal is an expedited appeal the seven day period for lodgment and service of the respondent’s notice (O.86A r.11) shall only commence on the service of the amended notice of expedited appeal.

 

Sean Ryan
President
30th October 2014

Schedule

Expedited Appeals

O.86A r.7(1)

(i) an appeal against the grant or refusal of relief under Article 40.4.2  of the Constitution;

(ii) an appeal against the making or refusal of any interlocutory order;

(iii) an appeal against the making or refusal of any order granting summary judgment;

(iv) an appeal against the making or refusal of:

(a) a winding up order;

(b) an order appointing a provisional liquidator;

(c) an order appointing a receiver;

(d) an order in the course of examinership proceedings;

(v) an appeal against the making or refusal of:

(a) an adjudication in bankruptcy;

(b) an order under Chapter 3 (Debt Settlement Arrangements) or Chapter 4 (Personal Insolvency Arrangements) of Part 3 of the Personal Insolvency Act 2012;

(vi) an appeal against the making or refusal of any order in any proceedings to which Order 133 (Child Abduction and Enforcement of Custody Orders) applies;

(vii) an appeal against the making or refusal of any order making a determination as to the capacityof a person (including an order making or refusing to make a persona ward of court);

(viii) an appeal against the making or refusal of an order in proceedings under the European Arrest Warrant Acts 2003 and 2012 or in extradition proceedings;

(ix) an appeal from the making or refusal of an order of prohibition in criminal proceedings;

(x) an appeal against the refusal of an ex parte order;

(xi) any other appeal designated in a statutory practice direction as an appeal to which this Part applies.