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High court legal Jargon

  • 22-03-2018 4:57pm
    #1
    GGTrek
    Registered Users, Registered Users 2 Posts: 834 ✭✭✭


    I have two simple questions. What does it mean when the final result of a high court case says:

    "Motion Refuse & Costs" and no judgement is issued. My guess is that the plaintiff motion has been refused without granting a full hearing and costs awarded against the plaintiff. Correct?

    "Judicial Review-Certiorari Final Granted" and no judgement has been published after more than two months. My guess is that the judicial review requested by the plaintiff has been successful. Correct? Shouldn't a judgement be published in such case?

    Thank you


Comments

  • #2
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Costs follow the event.

    Motion refused- costs against the plaintiff

    Judicial review- Certiorari means that the decision was quashed.

    An order issues in due course whenever the Registrar feels like drafting it.


  • #3
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    GGTrek wrote: »
    I have two simple questions. What does it mean when the final result of a high court case says:

    "Motion Refuse & Costs" and no judgement is issued. My guess is that the plaintiff motion has been refused without granting a full hearing and costs awarded against the plaintiff. Correct?

    "Judicial Review-Certiorari Final Granted" and no judgement has been published after more than two months. My guess is that the judicial review requested by the plaintiff has been successful. Correct? Shouldn't a judgement be published in such case?

    Thank you

    All motions and hearings result in an order not all cases end with a written judgement.

    I believe only parties can get copies of any order.


  • #4
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    In many cases there is no written judgement. In the High Court, this is because the judge is able to make the decision on the spot after hearing the case. In some cases there is consent for the orders. Unusual but it sometimes happens in judicial review that the Respondents decide that they have no arguable defence and they fold their tent rather than run a doomed case. In that case there is no need for any kind of judgement.


  • #5
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    There's no standardisation of this shorthand and it varies entirely from registrar to registrar.


  • #6
    Dandelion6
    Registered Users, Registered Users 2 Posts: 1,405 ✭✭✭Dandelion6


    4ensic15 wrote: »
    Unusual but it sometimes happens in judicial review that the Respondents decide that they have no arguable defence and they fold their tent rather than run a doomed case. In that case there is no need for any kind of judgement.

    Not unusual.


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  • #7
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Dandelion6 wrote: »
    Not unusual.

    It is far from common.


  • #8
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    4ensic15 wrote: »
    It is far from common.


    It is common call into the Immigration list any Monday and hear the cases where the matter is struck out with an order for the applicants costs many before a statement of opposition.


  • #9
    Dandelion6
    Registered Users, Registered Users 2 Posts: 1,405 ✭✭✭Dandelion6


    Really Interested wrote: »
    It is common call into the Immigration list any Monday and hear the cases where the matter is struck out with an order for the applicants costs many before a statement of opposition.

    More often struck out with no order on the basis of a costs agreement between the parties, but yes, it is particularly common in the Asylum list. Less common in the ordinary JR list but I still wouldn't call it "unusual".


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