The Court of Appeal came
into being on 20th July 2014 after a referendum that took place in
2013. This provides for a general Court of Appeal that will sit between the
High Court and the Supreme Court. The main purpose for the establishment of the
Court of Appeal was to improve the efficiency of the Courts and to reduce the
long time periods that are in place for an appeal to be heard.
There was a dire need for
the establishment of a Court of Appeal. This was first recognised in 2009. The
Chief Justice of Ireland Susan Denham also commented on the need for an Appeal
Court and said that the Supreme Court was not developed to deal with such a
volume of cases and the complexity of the cases that it now sees before it on a
daily basis. Before the introduction of the new Court there was delays of up to
four and a half years which is not sustainable nor are such delays in the
interest of justice.
The Supreme Court was
designed to deal with cases of significant public importance and matters which
relate to the Constitution and important issues of law. The Supreme Court
should be viewed as the Court of last resort. In the 2013 Referendum over two
thirds of people voted to amend the Constitution and allow for the
establishment of the Court of Appeal.
THE
COMPOSITION OF THE COURT OF APPEAL
The Court of Appeal will
consist of the President of the Court along with nine judges. The Court of
Appeal Act 2014 allows for three judges to hear a case. The Court of Appeal
will be the Appeals Court for decisions of the High Court and its decisions
will be final save in limited circumstances.
CAN YOU
BYPASS THE COURT OF APPEAL?
In exceptional
circumstances it will be possible to bypass the Court of Appeal. In order to
bypass the Court of Appeal permission must be granted by the Supreme Court to
do so. For a “Leapfrog Appeal” the Supreme Court will take into account the
issues of the case and decide whether they are in the interests of justice and
whether the decision is of public importance. What this means is that the
Supreme Court will decide what type of appeals they will hear. The types of
cases the Supreme Court will hear will more than likely be cases which are of
significant legal importance, or of significant public interest or which raise
a constitutional issue.
The decision of the Court
of Appeal will be final save in limited circumstances. What this means is that
the decision will be final unless the Supreme Court determines that it is of
significant public interest or that the interests of justice require an appeal
to the Supreme Court. It can be said that the Supreme Court is the Court of
last resort.
WHAT DOES
THE COURT OF APPEAL MEAN FOR THE PEOPLE OF IRELAND?
The Court of Appeal will
have a significant impact on the long waiting lists and will improve the
efficiency of the courts system. What this means is that it may reduce the
costs for people who want to appeal a decision and shorter time periods mean
that people will have access to justice in a timely manner. It must be noted,
however, that it is too early to say whether the Court of Appeal has achieved its aims.Jack Murphy
GCD FLAC
