A.G -v- Residental Institutions Redress Board [2012] IEHC 492 (06 November 2012)

A.G -v- Residental Institutions Redress Board [2012] IEHC 492 (06 November 2012)

The High Court is bound by previous decisions (JOB and MG) holding that mere ignorance of the scheme does not constitute 'exceptional circumstances' under s.8(2) of the 2002 Act, and thus the Board was entitled to refuse an extension of time.

Citation
[2012] IEHC 492
Parties
Applicant: A. G.; Respondent: Residential Institutions Redress Board
Jurisdiction
Ireland
Judgment Date
06 November 2012
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application dismissed
Legal Topics
Extension of Time, Exceptional Circumstances, Redress Scheme, Judicial Review, Remedial Statutes
Administrative Law Statutory Interpretation Extension of Time Exceptional Circumstances Redress Scheme Judicial Review Remedial Statutes

Case Brief

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Parties

A. G.

Applicant

Residential Institutions Redress Board

Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Board misdirected itself as to the meaning of 'exceptional circumstances' under s.8(2) of the Residential Institutions Redress Board Act 2002
  2. 2 Whether ignorance of the existence of the Redress Scheme constitutes 'exceptional circumstances' justifying an extension of time

Ratio Decidendi

The High Court is bound by previous decisions (JOB and MG) holding that mere ignorance of the scheme does not constitute 'exceptional circumstances' under s.8(2) of the 2002 Act, and thus the Board was entitled to refuse an extension of time.

Court Disposition

Application dismissed

Orders

  • Application for judicial review is dismissed