Reeves (minor) v Disabled Drivers Medical Board
| Jurisdiction | Ireland |
| Judge | O'Malley J.,Clarke C.J. |
| Judgment Date | 09 October 2019 |
| Neutral Citation | [2019] IESCDET 212 |
| Docket Number | A:AP:IE:2018:000458 |
| Court | Supreme Court |
| Date | 09 October 2019 |
[2019] IESCDET 212
THE SUPREME COURT
DETERMINATION
Clarke C.J.
O'Malley J.
Irvine J.
A:AP:IE:2018:000458
AND
RESULT: The Court does not grant leave to the Applicants to appeal to this Court from the Court of Appeal.
REASONS GIVEN:
ORDER SOUGHT TO BE APPEALED
| 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. |
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.
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 is therefore unnecessary to set out the position of the parties.
In that context, it should be noted that the respondent does oppose the grant of leave.
This application is for leave to appeal against the decision of the Court of Appeal to award costs against the applicant. As 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...
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