Supreme Court to deliver judgment in five cases on Tuesday, 12th December

The Supreme Court diary lists five cases for judgment on Tuesday, 12th December.  The Court granted leave to appeal under the new constitutional regime in three of those cases. I have previously written posts previewing those three cases and provide links to those posts below. The other two cases are appeals predating the 33rd Amendment and the creation of the Court of Appeal. In the fourth case, I provide a link to the Court of Criminal Appeal judgment certifying a question of law of exceptional public importance (DPP v Rattigan). The fifth case is likely an appeal from a 2011 High Court decision relating to the Hepatitis C Compensation Tribunal (M v Minister for Health and Children).

O’Sullivan v The Sea-Fishiries Protection Authority concerns the restrictions Article 15 of the Constitution places on ministers when transposing EU regulations into Irish law: can a minister introduce measures that go further than is required by the EU Regulation? The High Court held that the removal of a right to appeal from a decision of the High Court created under the EU (Common Fisheries Policy) (Points System) Regulation 2014 was ultra vires. The Authority is appealing that decision.

Crayden Fishiries v The Sea-Fishiries Protection Authority is an appeal by the Authority against the High Court judgment that the procedure for placing points on a fishing vessel’s licence under the EU (Common Fisheries Policy) (Points System) Regulation 2014 are contrary to fair procedures.

Permanent TSB v Langan concerns whether the Circuit Court has jurisdiction to hear repossession proceedings for un-ratable properties. The Court of Appeal held that, as s 22 of the Courts (Supplemental Provisions) Act 1961 limits Circuit Court jurisdiction to properties below a defined rateable charge (currently €235.95), and as the properties in question are un-rateable, the Circuit Court did not have jurisdiction to hear Permanent’s application for possession. Permanent is appealing that decision.

DPP v Rattigan concerns the interpretation of s 16 of the Criminal Justice Act 2006, which provides an exception to the hearsay rule of evidence. S 16 allows the admission of out of court statements where the witness refuses to give evidence, denies making the statement, or gave evidence in court which is inconsistent with the statement sought to be admitted.

The Court of Criminal Appeal (O’Donnell J) certified a question of law of exceptional public importance:

Does s 16 of the Criminal Justice Act 2006 apply to statements of evidence made prior to the coming into force of the said Act?

M v Minister for Health and ChildrenI can find only one 2011 High Court judgment which may relate to this case. In that judgment, M was appealing an award made by the Hepatitis C Compensation Tribunal, and, as a preliminary issue, the High Court held that the Minister could not cross-appeal on the issue of causation.

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