User Preferences

  • Language - en | ga
  • text size >>
  • make this your indymedia front page make this your indymedia front page

Blog Feeds

Irish Left Review
Joined up thinking for the Irish Left

offsite link New Books Worth Reading Mon Sep 19, 2016 23:25 | Seán Sheehan

offsite link 13 Billion ? Lucky for some? Mon Sep 05, 2016 13:04 | Tony Phillips

offsite link Rebuilding Ireland: Long on Promise, Short on Detail Mon Aug 29, 2016 22:20 | Eoin O'Mahony

offsite link Brexit and Other Issues: Comments on the Current Situation Mon Aug 29, 2016 21:52 | Brendan Young

offsite link Bin Charges: From Private Circus to Public Service Tue Jun 21, 2016 12:38 | Michael Taft

Irish Left Review >>

Spirit of Contradiction

offsite link Officials and Provisionals Sat Apr 01, 2017 22:54 | James O'Brien

offsite link Interview with Cathal Goulding Mon Dec 26, 2016 17:11 | Cathal Goulding

offsite link Trump, Russia and the CIA Sat Dec 10, 2016 18:23 | Gavin Mendel-Gleason

offsite link Why is my rent so high? Mon Oct 31, 2016 18:51 | Gavin Mendel-Gleason

offsite link Review of Capitalism: Competition, Conflict, Crises by Anwar Shaikh Sun Oct 30, 2016 16:21 | Gavin Mendel-Gleason

Spirit of Contradiction >>

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link Diarmaid Ferriter: Denial and the language of cute hoorism

offsite link Fianna Fail liars Anthony

offsite link RTE journalist Claire Byrne brings Fine Gael TD Alan Farrell to heel Anthony

offsite link Is the establishment media finally waking up to political corruption? Anthony

offsite link Bus strikers beat themselves up Anthony

Public Inquiry >>

The Saker
A bird's eye view of the vineyard

offsite link France?s Melenchon to serve as Le Pen?s Minister of Finance Sun Apr 30, 2017 21:49 | The Saker
France?s Melenchon to serve as Le Pen?s Minister of Finance That is what?s known in the news business as an ?untrue headline?. If you are greatly upset at my ruse,

offsite link US foreign policy: the more it changes, the more it remains the same? Sun Apr 30, 2017 21:45 | The Saker

offsite link Moveable Feast Cafe 2017/04/30 ? Open Thread Sun Apr 30, 2017 14:00 | Herb Swanson
2017/04/30 13:00:01Welcome to the ‘Moveable Feast Cafe’. The ‘Moveable Feast’ is an open thread where readers can post wide ranging observations, articles, rants, off topic and have animate discussions of

offsite link Trip to Moscow, by the Geneva Observer Sun Apr 30, 2017 00:27 | Scott
Hello Scott,   We have safely arrived from Geneva, both very tired (both of us had to get up at 5am). I am quickly having to learn the Cyrillic alphabet

offsite link Douce France Sat Apr 29, 2017 12:40 | The Saker
by Jimmie Moglia ?Douce France, cher pays de mon enfance? – so goes the song [Sweet France, dear country of my infancy]. I did not grow up in France, but

The Saker >>

Lay Litigant wins another Case in Supreme Court

category national | rights, freedoms and repression | news report author Saturday February 11, 2017 00:11author by Justin Morahan Report this post to the editors

Backdating of court order a factor in win

The rejection of a judicial review request could not be appealed because of the backdating of the High Court Order. Now the appeal is allowed.

On Friday 10 February 2016 lay litigant Kevin Tracey won a case in the Supreme Court in Dublin that allows him extra time to appeal a judicial review that he had been denied in 2008. The success in the Supreme Court means that he can now appeal the judgement and order made in the High Court by Judge McGovern.

On being denied leave in the High Court, Mr Tracey kept an assiduous eye on the Courts Service records to avail of a 21-day window of opportunity after the Order of the judge had been perfected. It is a rule of court that a litigant must institute an appeal within 21 days after the perfection date of the order. In this case, the order remained non-perfected over several months and after each inspection of the records, he filed an affidavit noting the non-perfection. Then suddenly, the order was perfected but backdated by nine months. The Courts Service said that this was an error. The 21-day opportunity for appealing the order was well past.

Efforts made to remedy the situation by requesting the DPP to agree to an extension of time failed as the DPP refused the request.

In the Supreme Court the Counsel for the State argued that Mr Tracey should have then brought an appeal to the Supreme Court; the Court however ruled that because of the exceptional circumstances of the case, including his serious illness (beginning in July 2010), it would be unfair to deny him the extra time - which it then granted.

The full judgement is at: http://www.courts.ie/Judgments.nsf/bce24a8184816f158025...ument

© 2001-2017 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy