J C M v Minister for Justice and Equality

• Jurisdiction: Ireland
• Court: Supreme Court
• Judge: O'Donnell J.,McKechnie J.,Finlay Geoghegan J.
• Judgment Date: 15 May 2018
• Neutral Citation: [2018] IESCDET 70
• Docket Number: 2011 No. 852 JR
• Date: 15 May 2018

[2018] IESCDET 70

THE SUPREME COURT

DETERMINATION

O'Donnell J.

McKechnie J.

Finlay Geoghegan J.

2011 No. 852 JR

BETWEEN

J C M

APPLICANT

AND

THE MINISTER FOR JUSTICE AND EQUALITY

IRELAND

AND

THE ATTORNEY GENERAL

RESPONDENTS

Extension of time – Leave to appeal – Case management – Applicants seeking leave to appeal – Whether leave was preliminary

Facts: The applicants, the Minister for Justice and Equality, Ireland and the Attorney General, applied to the Supreme Court seeking leave to appeal to the Court from the High Court.

Held by O’Donnell J, McKechnie J and Finlay Geoghegan J that the general principles applied by the Court in determining whether to grant or refuse leave to appeal having regard to the criteria incorporated into the Constitution as a result of the 33rd Amendment are well known.

O’Donnell J, McKechnie J and Finlay Geoghegan J held that the Court would grant leave to appeal to the Court from the High Court on the grounds set out in paragraph 6 of the Application for Leave. As set out in the related Determination in ML v Minister for Justice and Equality and Others [2018] IESCDET 68 the leave granted was preliminary and subject to refinement in the course of case management.

Application granted.

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.4° OF THE CONSTITUTION APPLIES

RESULT: The Court extends time for the bringing of this application and grants leave to the State party respondents to appeal to this Court from the High Court.

REASONS GIVEN:

ORDER SOUGHT TO BE APPEALED

COURT: High Court

DATE OF JUDGMENT OR RULING: 20 th of June 2017

DATE OF ORDER: 21 st of July 2017

DATE OF PERFECTION OF ORDER: 22 nd of November 2017

THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON the 22 nd of December AND WAS NOT IN TIME.

General Considerations

1 The general principles applied by...