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Court of Appeal - New Practice Direction CA14 - Applications to vary or rescind a final Judgment or Order made by the Court of Appeal (“Review Applications”), or to correct a Judgment or Order (“Correction Applications”)

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Court of Appeal - New Practice Direction CA14 - Applications to vary or rescind a final Judgment or Order made by the Court of Appeal (“Review Applications”), or to correct a Judgment or Order (“Correction Applications”)
Wednesday 15th February 2023
Practice Directions
34 Days ago

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

Whereas:

(a) Article 34.4.3° of Bunreacht na hÉireann provides: “The decision of the Court of Appeal shall be final and conclusive, save as otherwise provided by this Article.”

Under Article 34.5. 3° the Supreme Court has appellate jurisdiction from a decision of the Court of Appeal only if satisfied –

“i  the decision involves a matter of general public importance, or

ii  in the interests of justice it is necessary that there be an appeal to the Supreme Court.”;

(b) The Court of Appeal (“the Court”), following case law of the Supreme Court (see in particular: In the matter of Greendale Developments Ltd. (in liquidation): Stephen Fagan and May Malone Applicants v. Liam McQuaid [2000] 2 IR 514;  Doyle v Banville [2012] IESC 25; Murphy v. Gilligan [2017] IESC 3; Nash v. DPP [2017] IESC 51; Student Transport Scheme v. Bus Eireann [2021] IESC 22), has determined that review applications will be considered by it only in the most exceptional circumstances (see: Launceston Property Finance DAC v. Wright [2020] IECA 146, in particular the summary in paragraph 12; Scotchstone Capital Fund Limited and Skoczylas v. Ireland and the Attorney General [2022] IECA 275; and Dowling and others v. Minister for Finance [2022] IECA 285);

(c) Those circumstances are that, through no fault on the applicant’s part, the order or judgment made operates both to deny the applicant justice and clearly to breach the applicant’s constitutional rights (see Greendale);

(d) A party intending to bring a review application (in this practice direction “intending applicant”) bears a very heavy onus of establishing that such circumstances exist;

(e) An intending applicant must show cogent and substantive grounds which are objectively sufficient to enable the Court to determine that a hearing of a review application on the merits is justified;

(f) It is desirable, in the interests of finality and certainty, that any review application to the Court be initiated as soon as possible and within the general period of time allowed by the Rules of the Superior Courts for seeking leave to further appeal to the Supreme Court (under RSC Order 58, r.16(1) or shortly thereafter;

(g) I am satisfied that it is in the interests of the administration of justice and the determination of a review application in a manner which is just, expeditious and likely to minimise the costs, that I issue this practice direction;

 

Please See Full Text of Practice Directions CA 14


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