district court over ruling circuit court

jacobson

Simple question really.

Is there ANY instance where a district court can legally make an order / judgement over ruling the decision of a circuit court order which has already rule on the exact same matter?

opinions / experiences welcome

No.

Milk & Honey

There is a practical problem in establishing that there was in fact a Circuit Court ruling on the point. Very few written judgements are given in the Circuit Court and fewer still are reported. A judge is not obliged to consider a decision unless it is properly reported and opened to him/her.

jacobson

are you sure?

I know two incidents of it happening recently and both times the preciding district court judge was presented with written judgements and orders from the circuit court yet he still claimed to have juristiction on the matter and made a new ruling on each occassion

chopser

Well tell us then of the two incidents. (I think you are wrong though)

jacobson

well can't really as its against the charter. I'm not wrong though.

Two cases on seperate dates the district court made rulings on family law matters despite the judge being presented with circuit orders of the exact same matters of access and maintenance.

Both occassions the district court issued new judgements and changed the circuit court order

ResearchWill

jacobson wrote: »

well can't really as its against the charter. I'm not wrong though.

Two cases on seperate dates the district court made rulings on family law matters despite the judge being presented with circuit orders of the exact same matters of access and maintenance.

Both occassions the district court issued new judgements and changed the circuit court order

I assume that the circuit court orders referred to the same case. That is not going against precedent. Say a person goes to the DC for access and an order is made, then that is appealed to CC new order made. Now some months later circumstances change, then a new application can be made in DC, which could result in a different decision.

A decision on access and maintenance made by any court is not set in stone, the reasons for that decision maybe. Another example say a person seeks maintenance and is given €100 a week in DC then the other person appeals to CC and order made for €75. Now the person paying gets a new job higher salary then the first person may go back to DC and get an order for say €150 a week. As the circumstances change there is no issue with the order.

In any case, if you feel the DC is wrong appeal to the CC.

FreudianSlippers

jacobson wrote: »

well can't really as its against the charter. I'm not wrong though.

Two cases on seperate dates the district court made rulings on family law matters despite the judge being presented with circuit orders of the exact same matters of access and maintenance.

Both occassions the district court issued new judgements and changed the circuit court order

I don't think it's against the charter... do tell!