Process for Statutory Appeals to Circuit Court

gk5000

Hello, I am planning to appeal a Statutory decision to the Circuit Court, as a lay litigant and would appreciate some help on the process.

I am following Circuit Court Rules Order 64C and shall submit Form 50B with my affidavit, but am confused a little.

Is the following correct:

1. Make 1 copy of 50B and affidavit, and take to Commissioner of Oaths
2. Then take to court and get stamped or something
3. Make a photocopy of all this and send to the Statutory body/Relevant Authority by Registered Post
4. Go back to the court and lodge the originals including proof of postage

Is the above correct or do I take 2 copies to the Commissioner of Oaths?

chunkylover4

https://www.boards.ie/discussion/2058275107/process-for-statutory-appeals-to-circuit-court

What is the context? Form 50B is an originating motion. Once you have completed this and have had your grounding affidavit sworn along with exhibits, you must get them stamped in the stamp duty office. You should have copies of the documents and once they are stamped you should file them in the Court office. You will then get a date and must served the notice and grounding affidavit with exhibits in 14 days. I would strongly urge you to instruct a solicitor depending the the issue at hand.

gk5000

Thanks chunkylover,

But do I make the copy after I get it stamped? And then send that copy to the respondent?

Or do I get 2 copy's sworn, and then one to the court and one to the respondent?

This is related to a decision by the Data Protection Commission which I am not happy about, and relates to my other thread on equivocal, so will expand on it there a bit. I don't think the DPC should allow equivocal statements by a data controller - as data must be 100% correct. Unscrupulous people could misuse equivocal statements for nefarious reasons.

There are a few issues with a solicitor for this: they would probably need a barrister, and there would be open ended costs with the whole thing.

phildub

Get the affidavit sworn then stamped then copied then filed at court office then served then affidavit of service is filed at court office.

chunkylover4

https://www.boards.ie/discussion/comment/119983438#Comment_119983438

From what you have described, you should not make the appeal. You will not win.

gk5000

https://www.boards.ie/discussion/comment/119985803#Comment_119985803

It's not the only issue, but it would be handy as would avoid the need to go into the other issues. I'll add a bit more in the other thread

gk5000

So got the affidavit and exhibits sworn - but of a mess up here with the exhibit/exhibits.

I had labeled the exhibit as E01, E02, E03...E23......etc. as page numbers or indexes of a single exhibit, but the solicitor said we had to sign and stamp a cover page for each one - Exhibit 01, Exhibit 02.....23.......so we have a shed load of exhibits.

Then to the court office who date stamped every signature, the Notice, Affidavit and each of the exhibits, and then charged me stamp duty of €130 for the Notice, and €15 for the Affidavit, and that was stamped also. Then they give me it all back to copy. And then I'm supposed to lodge it all together with the affidavit of service, when that is done.

So copied it, and send a registered letter to respondent and waiting for delivery to be confirmed.

Now doing FORM 1B, ENDORSEMENT OF SERVICE (REGISTERED POST) and STATUTORY DECLARATION OF SERVICE BY REGISTERED POST

But here's the thing.......seems I have to wait 10 days before doing this, as per a note on Form 1B - Note: In accordance with section 7(6) of the Courts Act 1964, this declaration is to be made not earlier than 10 days after the day on which the envelope is posted.

phildub

Yes because you need to give it time to be returned to you if thr address is wrong etc. You can't swear that it wasn't returned to you if you swear it on the same day as postage for example.

You will need to exhibit the postage receipt and The confirmation of delivery to the affidavit of service and have that sworn in the same way.