New Court of Appeal

Article Uploaded : 31/10/2014 by Patrick Buckley & Co. Solicitors

In accordance with Article 64 of the Constitution, 258 certified appeals will now be transferred and heard by the newly formed Court of Appeal. It is expected that the new court will sit for the first time next week.

The establishement of the new Court of Appeal to hear both civil and criminal matters has now replaced the general right of appeal from the High Court to the Supreme Court which previously existed.

A referendum to allow for the new court passed by a 2 to 1 majority late last year. It has been established to clear the large backlog of appeals pending before the Supreme Court.

The class of appeals to be heard by the new Court of Appeal include appeals to the Supreme Court which have not been heard in full or in part by the Supreme Court before 28th of October 2014. Appeals that will be considered by the new court where the notice of appeal has been served before the 28th of October 2014 include appeals from orders from the High Court in proceedings for summary judgement, security for costs, common law motions, personal injury actions and defamation cases.

The Supreme Court will retain a number of matters including appeals from the Court of Criminal Appeal, certain extradition and human trafficking cases, cases referred to the European Court of Justice and any case stated from the High Court or Circuit Court.