Cagney -v- The Governor and Comapny of the Bank of Ireland [2017] IECA 75 (10 March 2017)

Cagney -v- The Governor and Comapny of the Bank of Ireland [2017] IECA 75 (10 March 2017)

The applicant failed to provide a satisfactory explanation for the delay in filing the appeal and did not establish any arguable grounds of appeal. The trial judge correctly applied the law regarding qualified privilege and withdrawal of the case from the jury. No evidence of bias or breach of constitutional rights was established.

Citation
[2017] IECA 75
Parties
Plaintiff/applicant: Cornelius M Cagney; Defendant/respondent: The Governor and Company of the Bank of Ireland
Jurisdiction
Ireland
Judgment Date
10 March 2017
Procedural Posture
Defamation Proceedings / Application for Extension of Time to Appeal High Court Order
Outcome
Application for extension of time to appeal refused
Legal Topics
Qualified Privilege, Extension of Time to Appeal, Jury Withdrawal, Constitutional Rights
Defamation Civil Procedure Qualified Privilege Extension of Time to Appeal Jury Withdrawal Constitutional Rights

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Parties

Cornelius M Cagney

Plaintiff/applicant

The Governor and Company of the Bank of Ireland

Defendant/respondent

Procedural Posture

Defamation Proceedings / Application for Extension of Time to Appeal High Court Order

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to appeal the High Court order
  2. 2 Whether the applicant has established arguable grounds of appeal against the High Court's decision to withdraw the case from the jury and dismiss the claim

Ratio Decidendi

The applicant failed to provide a satisfactory explanation for the delay in filing the appeal and did not establish any arguable grounds of appeal. The trial judge correctly applied the law regarding qualified privilege and withdrawal of the case from the jury. No evidence of bias or breach of constitutional rights was established.

Court Disposition

Application for extension of time to appeal refused

Orders

  • Refusal of application for extension of time to appeal
  • No arguable grounds of appeal established