Law Society of Ireland -v- Tobin [2016] IECA 26 (10 February 2016)

Law Society of Ireland -v- Tobin [2016] IECA 26 (10 February 2016)

Section 12 of the Solicitors (Amendment) Act 1960 does not clearly and unambiguously preclude the Court of Appeal from extending the 21-day period for filing an appeal; the Court retains inherent jurisdiction to extend time for appeal in the absence of express statutory exclusion.

Citation
[2016] IECA 26
Parties
Applicant/respondent: Law Society of Ireland; Respondent/appellant: John Tobin; Respondent/appellant: Patrick E. Callanan
Jurisdiction
Ireland
Judgment Date
10 February 2016
Procedural Posture
Statutory Appeal (professional Discipline) / Application to Dismiss Appeal as Out of Time and Application to Extend Time for Appeal
Outcome
Appeals allowed to proceed; time for filing notice of appeal extended in both cases
Legal Topics
Time Limits for Appeals, Extension of Time, Right of Appeal, Interpretation of Statutory Time Limits, Professional Discipline of Solicitors
Constitutional Law Administrative Law Professional Regulation Time Limits for Appeals Extension of Time Right of Appeal Interpretation of Statutory Time Limits Professional Discipline of Solicitors

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Parties

Law Society of Ireland

Applicant/respondent

John Tobin

Respondent/appellant

Patrick E. Callanan

Respondent/appellant

Procedural Posture

Statutory Appeal (professional Discipline) / Application to Dismiss Appeal as Out of Time and Application to Extend Time for Appeal

Legal Issues

  1. 1 Whether section 12 of the Solicitors (Amendment) Act 1960 imposes an absolute time limit for appeals from the High Court to the Court of Appeal
  2. 2 Whether the Court of Appeal has jurisdiction to extend the statutory 21-day period for filing an appeal
  3. 3 How the Court should exercise its discretion to extend time in the context of professional disciplinary orders

Ratio Decidendi

Section 12 of the Solicitors (Amendment) Act 1960 does not clearly and unambiguously preclude the Court of Appeal from extending the 21-day period for filing an appeal; the Court retains inherent jurisdiction to extend time for appeal in the absence of express statutory exclusion.

Court Disposition

Appeals allowed to proceed; time for filing notice of appeal extended in both cases

Orders

  • Time for filing notice of appeal extended to 23 March 2015 for John Tobin
  • Time for filing notice of appeal extended to 13 May 2015 for Patrick E. Callanan