Appealing an order

ngk74

Can an order made by a district court judge be appealed to the circuit court?

Lets say a civil case at DC level in which the judge makes no order for costs.

Can an order of 'no order' be appealed?


related topic: If A (appelant) sends B (respondent) an appeal per registered post how is it possible to make a declaration of service for this?

reason: The dec of service for reg items says that the dec should not be made before 10 days after posting. yet one has only 14 days to lodge an appeal. with weekends, the time could be tight.

NoQuarter

In general there is a full de novo appeal from the District Court to the Circuit Court, however I am pretty sure this does not extend to costs so there is no appeal on this.


Unsure of your second question so I will allow someone else take a pop at that one.

ngk74

hi

thanks for that but I need to be really sure if I can appeal the order or not.

Is there a court rule or a statute somewhere that states the costs can/cannot be appealed?

thanks

ResearchWill

ngk74 wrote: »

hi

thanks for that but I need to be really sure if I can appeal the order or not.

Is there a court rule or a statute somewhere that states the costs can/cannot be appealed?

thanks

The courts website has a link to the district court rules, the answer may be in form 101.1.

ngk74

Thanks for that.

I looked at Order 101 AND form 101.

All that I find in Order 101 (appeals to circuit court) is

'1. Every appeal to the Circuit Court from a decision of the District Court shall be by notice of appeal ...'

'A decision' says to me any decision be it a decree, dismissal or order or as in this case an order of 'no order to costs'

I did not find any specific reference to an appeal for costs being or not being allowed.



Funnily enough on form 101.1 (appeal civil cases) it states

'(the Plaintiff) ... hereby appeals to the Judge of the Circuit Court at the next sitting of the Circuit Court at

from the *(Decree) *(Dismiss) *(Order(s)) made by the Judge of the District Court'

Here you delete what is not applicable - but note 'order(s)' is mentioned



It may be splitting hairs, but I would like to know. any further help appreciated :-)

dermot_sheehan

A "no order" is a decision and can be appealed.

Whether it would be wise to is a different matter depending on the facts of the case

An appeal lies to the Circuit Court in a case where there has been "any decision"

s. 88 Courts Of Justice Act 1924
http://www.irishstatutebook.ie/1924/en/act/pub/0010/sec0084.html#sec84

ngk74

A "no order" is a decision and can be appealed.

An appeal lies to the Circuit Court in a case where there has been "any decision"

Exactly. That was my thinking on the matter.

The appeal has been lodged.

Thanks to all. :cool: