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Circuit leave to appeal?

  • 11-12-2013 07:20PM
    #1
    jawacz
    Registered Users, Registered Users 2 Posts: 35 ✭


    Hello, Maintenance Circuit Court appeal from District Court coming up soon, I may not like the judgement, do I have to request the Circuit Court judge on the day for permission to appeal to the High Court? or is another route available to review case?
    Tagged:


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,568 Mod ✭✭✭✭johnnyskeleton


    jawacz wrote: »
    Hello, Maintenance Circuit Court appeal from District Court coming up soon, I may not like the judgement, do I have to request the Circuit Court judge on the day for permission to appeal to the High Court? or is another route available to review case?

    I hate to be the bearer of bad news...so maybe you should speak to your solicitor instead.


  • #3
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,624 ✭✭✭NoQuarter


    jawacz wrote: »
    Hello, Maintenance Circuit Court appeal from District Court coming up soon, I may not like the judgement, do I have to request the Circuit Court judge on the day for permission to appeal to the High Court? or is another route available to review case?

    The only appeal available to you from the CC to the HC is on a point of law only. As there isnt much law considered with a maintenance application, there isn't much grounds for appeal. OF course, you need to take proper legal advice on that.


  • #4
    jawacz
    Registered Users, Registered Users 2 Posts: 35 ✭jawacz


    Well, the order was the maximum permissable per child €150 / week each, I produced a statement of means that showed I could not afford this amount and I am continuing to pay the (previous to the appeal) lower figure - just over half of the court figure. What's next?


  • #5
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 28,060 ✭✭✭✭Peregrinus


    Nothing is next. If you want to lodge an appeal, you need to frame in terms of an error in law made by the Circuit Court. "They thought I could pay but I can't" is not an error in law so, unless there is some other ground of appeal you haven't told us, it doesn't seem to me that you have any ground of appeal. But talk to your solicitory. He knows your case better than we do, so he may know of some basis for an appeal.

    If you fail to satisfy the order against you, your ex will take enforcement proceedings. There is a variety of options open to her, the same as there would be for enforcing any judgment debt.


  • #6
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Peregrinus wrote: »
    solicitory

    Finally! An adjective for all things solicitor-related.


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  • #7
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,624 ✭✭✭NoQuarter


    234 wrote: »
    Finally! An adjective for all things solicitor-related.

    Ugh, that was such a solicitory thing to say...


  • #8
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    NoQuarter wrote: »
    Ugh, that was such a solicitory thing to say...

    FYI, there is a national Solicitors' Day. Not much of a missed opportunity for Hallmark though.


  • #9
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    johnysam wrote: »
    Law considered with a maintenance application, there isn't much grounds for appeal. OF course, you need to take proper legal advice on that.Consult a good legal attorney.

    Consulting a good legal Attorney would be difficult in Ireland as there has not been the profession of Attorney in Ireland since Supreme Court of Judicature (Ireland) Act, 1877, which fused the professions of Solicitor and Attorney into one profession of Solicitor. Of course there is one Attorney left in Ireland who is in fact a Barrister that being the Attorney General the Chief Law officer of the State and legal advisor to the Goverenment.


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