Talbot -v- McCann Fitzgerald Solicitors & ors [2009] IESC 25 (26 March 2009)

Talbot -v- McCann Fitzgerald Solicitors & ors [2009] IESC 25 (26 March 2009)

The Supreme Court has no jurisdiction to review or set aside its own final judgment except in rare and exceptional circumstances, none of which were established by the applicant. The applicant failed to demonstrate objective bias or any legal foundation for intervention. The application is manifestly ill-founded and must be dismissed.

Citation
[2009] IESC 25
Parties
Applicant/appellant: Thomas Talbot; Defendant/respondent: McCann Fitzgerald Solicitors; Defendant/respondent: Mrs Thérèse Talbot; Defendant/respondent: Judge Michael White; Defendant/respondent: Judge Jacqueline Linnane; Defendant/respondent: Court Services; Defendant/respondent: Chief State Solicitor
Jurisdiction
Ireland
Judgment Date
26 March 2009
Procedural Posture
Ex Parte Motion to Set Aside Supreme Court Final Judgment / Supreme Court Post Judgment Motion
Outcome
Application dismissed
Legal Topics
Finality of Supreme Court Judgments, Inherent Jurisdiction, Objective Bias, Judicial Review, Appeals From Circuit Court, Exceptional Jurisdiction, Lay Litigant Procedure
Constitutional Law Civil Procedure Family Law Finality of Supreme Court Judgments Inherent Jurisdiction Objective Bias Judicial Review Appeals From Circuit Court +2 more

Case Brief

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Parties

Thomas Talbot

Applicant/appellant

McCann Fitzgerald Solicitors

Defendant/respondent

Mrs Thérèse Talbot

Defendant/respondent

Judge Michael White

Defendant/respondent

Judge Jacqueline Linnane

Defendant/respondent

Court Services

Defendant/respondent

Chief State Solicitor

Defendant/respondent

Procedural Posture

Ex Parte Motion to Set Aside Supreme Court Final Judgment / Supreme Court Post Judgment Motion

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to set aside its own final judgment in rare and exceptional circumstances
  2. 2 Whether the applicant established exceptional circumstances justifying review of the Supreme Court's final order
  3. 3 Whether objective bias was established by the applicant

Ratio Decidendi

The Supreme Court has no jurisdiction to review or set aside its own final judgment except in rare and exceptional circumstances, none of which were established by the applicant. The applicant failed to demonstrate objective bias or any legal foundation for intervention. The application is manifestly ill-founded and must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application to set aside Supreme Court judgment of 29th June, 2007 dismissed
  • No jurisdiction arises to review the previous Supreme Court judgment