Delay in posting appeal determinations/judgements on the courts.ie website

hkjohn

Original judgement/determination was made electronically to the plaintiff and defendants in mid-December and final orders were issued in court a month or so later.

Anyone got any ideas why the judgement/determination is taking so long to appear on the courts.ie website?

Claw Hammer

What level of court is it?

hkjohn

Circuit court appeal of a district court criminal case

Robbo

Never is the likely answer.

Published judgments of the Circuit and District Courts are rare.

Claw Hammer

Unless there is some major point of law involved, it will not be published. There are only a few circuit civil written judgements and almost no criminal written judgements. It is rare enough for there to be a reserved decision in the Circuit Court hearing an appeal from the District Court.

hkjohn

https://www.boards.ie/discussion/comment/123340261#Comment_123340261

Thanks for the advice, Clawhammer,

Do you know if It's possible to buy copies of judgements in such cases (While not party to the case, I have been affected by it)

hkjohn

https://www.boards.ie/discussion/comment/123339957#Comment_123339957

Thanks for the advice

Pls see reply to Clawhammer above

Peregrinus

https://www.boards.ie/discussion/comment/123341919#Comment_123341919

No. There is no written judgment. You cannot buy what doesn't exist.

extra-ordinary_

https://www.boards.ie/discussion/comment/123342797#Comment_123342797

So you're saying of the judgement that was made, no record was made of it?

Peregrinus

There'll be a written order, giving effect to the court's decision. If the case was a criminal appeal, the order might say that the conviction and sentence were upheld, or the conviction was upheld but the sentence was varied, or the conviction was overturned, or whatever. If you already know the outcome of the case, e.g. from newspaper reports or because someone involved in the case has told you, sight of the order would add nothing to what you already know.

I don't think orders are posted to the courts.ie website, if only because they are only of interest to the parties in the case, and they already have copies. (But I could be wrong about that.)

What the order won't contain is any statement of the reasons why the court decided the way it did. If what you want to know is why the conviction was overturned, or upheld, as the case may be, the order is no use to you; it says nothing at all about that.

In the superior courts — High Court and above — as well as an order giving effect to the decision the court will normally deliver a reasoned, written judgment which may be quite lengthy. The judgment sets out the relevant facts, says what the parties to the case sought, identifies the legal issues that arise, mentions the arguments advanced on both sides, and then tells you what the court ultimately decided and why. It the judgment that gets published. If there is more than one judge hearing the case — e.g. in the Court of Appeal or the Supreme Court — there may be several such judgements, with each judge giving you his or her take on the facts, the issues, the arguments and the law.

hkjohn

Cheers for the clarifications, guys.