J C M v Minister for Justice and Equality
| Jurisdiction | Ireland |
| 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 |
| Court | Supreme Court |
| Date | 15 May 2018 |
[2018] IESCDET 70
THE SUPREME COURT
DETERMINATION
O'Donnell J.
McKechnie J.
Finlay Geoghegan J.
2011 No. 852 JR
AND
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.
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. |
The general principles applied by this 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 now well known. This case should be read along with the determination in the related matter of ML v The Minster for Justice and Equality, Ireland and the Attorney General [2018] IESCDET 68. The history of these proceedings is set out insofar as it is necessary in the said determination. For the reasons set out therein this Court will grant leave to the applicant Minister to appeal to this Court from the decision of the High...
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