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offsite link ?Ulez Architect? and 20mph Zone Supporter Appointed New Transport Secretary Fri Nov 29, 2024 17:38 | Will Jones
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offsite link Assisted Suicide Set to Be Legalised as MPs Back Bill Fri Nov 29, 2024 15:07 | Will Jones
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The post Assisted Suicide Set to Be Legalised as MPs Back Bill appeared first on The Daily Sceptic.

offsite link Australia Passes Landmark Social Media Ban for Under-16s Fri Nov 29, 2024 13:43 | Rebekah Barnett
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offsite link Is Banning the Burps of Bullocks Worth Risking Our Bollocks? Fri Nov 29, 2024 11:32 | Ben Pile
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The post Is Banning the Burps of Bullocks Worth Risking Our Bollocks? appeared first on The Daily Sceptic.

offsite link The Ed Miliband Phenomenon ? What Makes ?Britain?s Most Dangerous Man? Tick? Fri Nov 29, 2024 09:00 | Tilak Doshi
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The post The Ed Miliband Phenomenon ? What Makes ?Britain?s Most Dangerous Man? Tick? appeared first on The Daily Sceptic.

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offsite link Voltaire, International Newsletter N?109 Fri Nov 22, 2024 14:00 | en

offsite link Joe Biden and Keir Starmer authorize NATO to guide ATACMS and Storm Shadows mis... Fri Nov 22, 2024 13:41 | en

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Lay Litigant wins another Case in Supreme Court

category national | rights, freedoms and repression | news report author Saturday February 11, 2017 00:11author by Justin Morahan Report this post to the editors

Backdating of court order a factor in win

The rejection of a judicial review request could not be appealed because of the backdating of the High Court Order. Now the appeal is allowed.

On Friday 10 February 2016 lay litigant Kevin Tracey won a case in the Supreme Court in Dublin that allows him extra time to appeal a judicial review that he had been denied in 2008. The success in the Supreme Court means that he can now appeal the judgement and order made in the High Court by Judge McGovern.

On being denied leave in the High Court, Mr Tracey kept an assiduous eye on the Courts Service records to avail of a 21-day window of opportunity after the Order of the judge had been perfected. It is a rule of court that a litigant must institute an appeal within 21 days after the perfection date of the order. In this case, the order remained non-perfected over several months and after each inspection of the records, he filed an affidavit noting the non-perfection. Then suddenly, the order was perfected but backdated by nine months. The Courts Service said that this was an error. The 21-day opportunity for appealing the order was well past.

Efforts made to remedy the situation by requesting the DPP to agree to an extension of time failed as the DPP refused the request.

In the Supreme Court the Counsel for the State argued that Mr Tracey should have then brought an appeal to the Supreme Court; the Court however ruled that because of the exceptional circumstances of the case, including his serious illness (beginning in July 2010), it would be unfair to deny him the extra time - which it then granted.

The full judgement is at: http://www.courts.ie/Judgments.nsf/bce24a8184816f158025...ument

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