Reeves (minor) v Disabled Drivers Medical Board

JurisdictionIreland
JudgeO'Malley J.,Clarke C.J.
Judgment Date09 October 2019
Neutral Citation[2019] IESCDET 211
Docket NumberA:AP:IE:2018:000337
CourtSupreme Court
Date09 October 2019

[2019] IESCDET 211

THE SUPREME COURT

DETERMINATION

Clarke C.J.

O'Malley J.

Irvine J.

A:AP:IE:2018:000337

BETWEEN
ALYSSA REEVES (A MINOR SUING BY MOTHER AND NEXT FRIEND AMANDA REEVES) AMANDA REEVES
APPLICANTS
AND
DISABLED DRIVERS MEDICAL BOARD OF APPEAL, THE MINISTER FOR FINANCE, IRELAND

AND

THE ATTORNEY GENERAL
RESPONDENTS
APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.3° OF THE CONSTITUTION APPLIES

RESULT: The Court grants leave to the Applicants to appeal to this Court from the Court of Appeal.

REASONS GIVEN:

ORDER SOUGHT TO BE APPEALED

COURT: Court of Appeal
DATE OF JUDGMENT OR RULING: 25th February 2019
DATE OF ORDER: 28th March 2019
DATE OF PERFECTION OF ORDER: 18th June 2019
THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON 17th JULY 2019 AND WAS NOT IN TIME.
Introduction
1

This application for leave to appeal, like that in Lennon (A Minor) v. Disabled Drivers Medical Board of Appeal (see [2019] IESCDET 213), relates to the decision of Court of Appeal to uphold the refusal of the High Court to grant relief by way of judicial review (see Lennon & anor v. Disabled Drivers Medical Board of Appeal and ors [2019] IECA 61, delivered 28th March 2019, and [2018] IEHC 465, delivered 31st July 2018, respectively).

General Considerations
2

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 Thirty-third Amendment have now been considered in a large number of determinations and are fully addressed in both a determination issued by a panel consisting of all of the members of this Court in B.S, v Director of Public Prosecutions [2017] IESCDET 134 and in a unanimous judgment of a full Court delivered by O'Donnell J. in Quinn Insurance Ltd. v PricewaterhouseCoopers [2017] IESC 73, [2017] 3 I.R. 812. The additional criteria required to be met in order that a so-called ‘leapfrog appeal’ direct from the High Court to this Court can be permitted were addressed by a full panel of the Court in Wansboro v Director of Public Prosecutions [2017] IESCDET 115. It follows that it is unnecessary to revisit the new constitutional architecture for the purposes of this determination.

3

Furthermore, the application for leave filed and the respondent's notice are published along with this determination (subject only to any redaction required by law) and it...

To continue reading

Request your trial
2 cases
  • Lennon (A Minor) v Disabled Drivers Medical Board
    • Ireland
    • Supreme Court
    • 9 Octubre 2019
    ...Introduction 1 This application for leave to appeal, like that in Reeves (A Minor) v. Disabled Drivers Medical Board of Appeal (see [2019] IESCDET 211), relates to the decision of Court of Appeal to uphold the refusal of the High Court to grant relief by way of judicial review (see Lennon &......
  • Reeves (minor) v Disabled Drivers Medical Board
    • Ireland
    • Supreme Court
    • 9 Octubre 2019
    ...leave to appeal has been granted in respect of the substantive matter (see Reeves (A Minor) v. Disabled Drivers Medical Board of Appeal [2019] IESCDET 211), there is no necessity to give separate consideration to this application. Leave to appeal will be refused, and the question of costs w......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT