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Supreme Court Appeal

  • 24-02-2012 11:17am
    #1
    weshtawake
    Registered Users, Registered Users 2 Posts: 144 ✭✭


    If a High Court Order is appealed to the Supreme Court which as I understand it can only be done on a point of law, does this appeal have to be accompanied by a money deposit? The High Court Order case is a debt collection case. If so, how much would this be?


Comments

  • #2
    benway
    Registered Users, Registered Users 2 Posts: 1,061 ✭✭✭benway


    No deposit, but the appeal must be lodged within 21 days of the High Court Order being perfected, and the fact of issuing an appeal doesn't operate as a stay on the High Court Order - unless you got a stay in the High Court, the creditor can register and execute the judgment. It is possible to motion the Supreme Court for a stay once Notice of Appeal has been issued.

    Don't take any of that as legal advice, your friend would need to think long and hard about whether it's a good idea. Debt cases are often relatively straightforward, the law is settled, you'll be doing well to raise a statable case, and you'll be looking at adding the creditor's Supreme Court costs to your debt if the appeal fails.

    If your friend is set on going to the Supreme Court, he/she really should engage a solicitor and Senior Counsel if they want a decent shot at it.

    Btw, if the Master of the High Court made the order, your friend's appeal would be to the High Court rather than to the Supreme Court. Most of the same considerations apply, though.


  • #3
    berrypendel
    Closed Accounts Posts: 365 ✭✭berrypendel


    What does "only on a point of law" mean?

    Can it make a difference to the outcome i.e a different decision? Would not all appeals to higher courts be on points of law?


  • #4
    weshtawake
    Registered Users, Registered Users 2 Posts: 144 ✭✭weshtawake


    Benway, many thanks for your reply. Just so I understand it. Unless a stay is got in the High Court (in addition to the Appeal) the creditor can follow through and execute the judgment. Is this correct? What is the process for getting such a stay - is it a Motion in the High Court before the judge? Obviously if the stay is requested on spurious/vaxatious grounds it is unlikely to be granted by the High Court judge!?


  • #5
    benway
    Registered Users, Registered Users 2 Posts: 1,061 ✭✭✭benway


    Supreme Court doesn't normally re-hear the facts, just considers legal issues. You generally can't appeal because the High Court preferred adverse evidence, but, for example, if you feel that the adverse evidence shouldn't have been admitted on the first place. Things get more complicated where new evidence comes to light, as in the Bailey case.

    OP, you're correct in all of that. Honestly, in a straightforward debt case, I'd say the chances of succeeding are slim. In most, but not all cases, debtors would be best off negotiating a payment schedule with the creditor and moving on.

    If your friend didn't already apply for a stay and have the application refused, you can go back to the High Court, otherwise a motion to the SC once Notice of appeal has been lodged. Likely to be refused and hit for more costs either way, if you don't have strong grounds to appeal. Not going to say anything more, other that people should think long and hard before going down this road, and that your friend would really need a solicitor and Senior Counsel if they want to go ahead.

    Courts Service guide to appealing to SC: http://www.courts.ie/courts.ie/library3.nsf/(WebFiles)/A9F10BA756D30ED1802578F5004A651F/$file/Guide%20to%20appealing%20to%20the%20Supreme%20Court%20-%20August%202011.pdf


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