R v R

JurisdictionIreland
Judgment Date16 February 1984
Date16 February 1984
Docket Number[1982 No. 520 Sp.]
CourtHigh Court
(H.C.)
R
and
R

High Court - Enactments conferring jurisdiction on Circuit Court and District Court - Whether jurisdiction of High Court ousted - Whether enactments valid -Rules of the Superior Courts, 1962 (S.I. No. 72), O. 60 - Guardianship of Infants Act, 1964 (No.7), s. 5 - Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11), s. 23 - Courts Act, 1981 (No. 11), ss. 12, 15 - Family Law (Protection of Spouses and Children) Act, 1981 (No. 21), ss. 1, 2 - Constitution of Ireland, 1937, Arts. 34, 36.

Section 2 of Article 34 of the Constitution states that the courts shall comprise courts of first instance and a court of final appeal. Section 3, sub-s. 1, of that Article states that the courts of first instance shall include a High Court invested with "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal." Article 36 of the Constitution states (inter alia) that, subject to the preceding provisions of the Constitution, the constitution and and organization of the Courts, the distribution of jurisdiction and business among the Courts and the judges and all matters of procedure, shall be regulated "in accordance with law." The plaintiff, being the wife of the defendant, issued a summons in the High Court in which she claimed certain reliefs under (inter alia) the Acts of 1964 and 1976, and the second Act of 1981. Section 5 of the Act of 1964, as enacted originally, stated that the jurisdiction conferred on a court by Part II of that Act might be exercised by the High Court; but the s. 5 substituted therefor by the Courts Act 1981, contained no reference to the High Court in declaring that the said jurisdiction may be exercised by the Circuit Court or the District Court. Section 23 of the Act of 1976, as originally enacted, stated that the High Court, the Circuit Court (on appeal from the District Court) and the District Court might exercise concurrently jurisdiction to determine proceedings under ss. 5, 6, 7 and 9 of the Act of 1976; but the s. 23 substituted therefor by the Courts Act, 1961, contained no reference...

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29 cases
  • Deighan v Hearne
    • Ireland
    • High Court
    • 27 Agosto 1986
    ... 1972 IR 215, 107 ILTR 65 O'BRIEN V BORD NA MONA 1983 IR 255 1983 ILRM 314 O'FARRELL, IN RE 1960 IR 239 O'R V O'R 1985 IR 36 R V R 1984 IR 296, 1985 ILRM 631 ROYAL COURT DERBY PORCELAIN CO LTD V RUSSELL 1949 2 KB 417 1 Judgment of Mr. Justice Murphy delivered this 27thday of August 2 T......
  • Lett & Company Ltd v Wexford Borough Council
    • Ireland
    • Supreme Court
    • 10 Marzo 2015
    ...various statutory provisions which at least on one reading could be viewed as encroaching upon the wider meaning of the phrase: Gannon J. in R. v. R., [1984] I.R. 296, rejected any such attempt, whereas cases such as Ward v. Kinahan Electrical Limited [1984] I.R. 292, Tormey v. Ireland [19......
  • Criminal Assets Bureau v Hunt
    • Ireland
    • Supreme Court
    • 19 Marzo 2003
    ...High Court, provided an exclusive machinery for the assessment of a taxpayer's liability. Tormey v. Ireland [1985] I.R. 289 andR. v. R.[1984] I.R. 296 considered;Calcul v. Appeal Commissioners [1978-1987] 3 I.T.R. 577 followed. 4. That proceedings instituted pursuant to s. 966 of the Act of......
  • Kelly v Minister for Environment
    • Ireland
    • High Court
    • 16 Mayo 2002
    ...AG 1965 IR 294 GOODMAN INTERNATIONAL V HAMILTON NO 1 1992 2 IR 542 QUINN, STATE V RYAN 1965 IR 170 AG, PEOPLE V CONMEY 1975 IR 341 R V R 1984 IR 296 HEGARTY V O'LOUGHRAN 1990 1 IR 148 DOYLE V AN TAOISEACH 1986 ILRM 693 OIREACHTAS (ALLOWANCES TO MEMBERS) ACT 1962 S2 MINISTERIAL, PARLIAME......
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2 books & journal articles
  • Independence, accountability and the irish judiciary
    • Ireland
    • Irish Judicial Studies Journal No. 1-8, January 2008
    • 1 Enero 2008
    ...Countries (Oslo: United Nations Development Programme, 2003), p. 12. 72O’R v. O’R [1985] I.R. 367. 73Refer to Gannon J. in R v. R [1984] I.R. 296. 74 Refer to O’Flaherty J. in Attorney General v. Hamilton (No. 1) [1993] 2 I.R. 250. 2008] Independence, Accountability and the Irish Judiciary ......
  • The irish courts system in the 21st century: planning for the future
    • Ireland
    • Irish Judicial Studies Journal No. 1-1, January 2001
    • 1 Enero 2000
    ...of nullity with no guidance to the hapless litigants in choosing the court in which to institute the proceedings.10 10See R. v. R. [1984] I.R. 296. 18 Judicial Studies Institute Journal These anomalous and irrational features of our court system principally derive from the fact that we have......

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