Judge says they won't proceed because they could be sued

lifeandtimes

Ok so this is one I didn't I'd hear about

A family court judge declined to hear a case that they had adjourned because after the original date they had adjourned, the applicant had appealed that.

Granted it was the 3rd adjournment from the same judge.

Anyway the applicants appeal, was set for 4 months after the court adjournment date but the actual adjournment was to be heard 3 months after that so 1 month before the appeal

The respondent didn't show up on the adjournment date and the applicant did, the judge said the couldn't proceed because the respondent could sue based on the fact they assumed the appeal would be heard?

Can a judge be sued for hearing an application prior to an appeal for previous date?

hullaballoo

It would be by way of judicial review but yes, a judge could be reviewed for purporting to hear a case that was under appeal.

Really Interested

hullaballoo wrote: »

It would be by way of judicial review but yes, a judge could be reviewed for purporting to hear a case that was under appeal.

Just for clarity the order may be reviewed but the judge can no longer be named in title of proceedings Except in very unusual circumstances.

http://www.courts.ie/rules.nsf/SuperiorAmdLookup/No84-S.I.+No.+345+Of+2015:+Rules+Of+The+Superior+Courts+(Judicial+Review)+2015