Malone -v- Minister for Social Protection [2014] IECA 4 (10 December 2014)
The appeal is moot because the appellant's entitlement to the allowance was resolved in her favour on statutory appeal, and the issues raised are fact-specific and do not affect future rights or statutory interpretation; judicial resources should not be allocated to resolve moot issues.
- Citation
- [2014] IECA 4
- Parties
- Plaintiff/appellant: Avril Malone; Defendant/respondent: The Minister for Social Protection
- Jurisdiction
- Ireland
- Judgment Date
- 10 December 2014
- Procedural Posture
- Judicial Review Appeal / Application to Strike Out Appeal as Moot
- Outcome
- Appeal dismissed as moot
- Legal Topics
- Mootness, Domiciliary Care Allowance, Procedural Fairness, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Avril Malone
Plaintiff/appellant
The Minister for Social Protection
Defendant/respondent
Procedural Posture
Judicial Review Appeal / Application to Strike Out Appeal as Moot
Legal Issues
- 1 Whether the appeal is moot given the appellant's subsequent success on statutory appeal
- 2 Whether issues raised are of ongoing or hypothetical relevance
- 3 Whether the respondent was obliged to carry out a medical examination
Ratio Decidendi
The appeal is moot because the appellant's entitlement to the allowance was resolved in her favour on statutory appeal, and the issues raised are fact-specific and do not affect future rights or statutory interpretation; judicial resources should not be allocated to resolve moot issues.
Court Disposition
Appeal dismissed as moot
Orders
- Applicant’s appeal dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment