Greaney v Scully

• Jurisdiction: Ireland
• Judge: Henchy
• Judgment Date: 30 July 1981
• Neutral Citation: 1981 WJSC-SC 1660
• Judgment citation (vLex): [1981] 7 JIC 3003
• Court: Supreme Court
• Date: 30 July 1981

(S.C.)

Greaney

and

Scully

Driving without Insurance - Case stated - Road Traffic (Compulsory Insurance) Regulations, 1962 (S.I. No.14 of 1962) - Ultra Vires - Jurisdiction of Circuit Court to decide question of regulations being ultra vires - Road Traffic Act, 1961 (No. 24), s. 56 -Courts of Justice Act, 1947 (No. 20), s. 16.

The defendant was convicted in the District Court of an offence contrary to s. 56 of the Act of 1961, i.e. driving when not covered by insurance. There was a policy of insurance in force in respect of the vehicle but the defendant's father was the only person whose driving was covered by the policy. The defendant appealed to the the Circuit Court, where the judge stated a Case for the opinion of the Supreme Court as to whether the Road Traffic (Compulsory Insurance) Regulations, 1962 are ultra vires to the extent that they provide for a policy which limits cover by specifying by name the persons to be covered. A preliminary question arose as to whether a Circuit Court judge has jurisdiction to decide whether regulations are ultra vires or not when hearing a criminal appeal from the District Court and, therefore, whether he has jurisdiction under s. 16 of the Courts of...