District court judge can't judge hearing on foot of circuit court appeal?

lifeandtimes

Hi guys

I was in court recently regarding an access order.

It was originally ordered in the district court and appealed in the circuit court,the circuit court appeal made note that only one part of the order can be heard there again and all other matters must be brought back to the district court.

I was in today due to breach of access and other applications and the judge said she was not confident she had juristiction to change the order as it was an appeal but technically a new order and referred to another case regarding maintenance with similar issues

The two solicitors were flabbergasted and reconfirmed that the circuit court judge noted that they would only deal with one other issue which wasn't address that day and the original order was made in the district court which should be heard and if what she was saying was true then all appeal orders made by the circut court should have to go back there and there would 1000s to which the judge confirmed would be correct

The judge adjourned the hearing as she needed to research the issue and seek advice from the president of the district court.

Has anyone advice in this?

On one hand I can see the judges point that it is technically a new order from the circut court but was an appeal about a district order and it's noted on the order all matters bar one to be heard in the district court?

Does she have juristiction on this or will it have to go back to the circuit court?

Pat Mustard

Mod:

You ask about the jurisdiction of a court in relation to a matter being litigated by you. This is a request for legal advice and is not allowed by the forum charter or site rules.

This is not the first time that you have requested legal advice. Please be careful not to do this any more.

If you have a solicitor, you should refer your queries to him or her.