O'Connell v. Ireland [1997] IEHC 141 (31st July, 1997)

O'Connell v. Ireland [1997] IEHC 141 (31st July, 1997)

The applicant lacks locus standi as he was not prevented from accessing the courts, suffered no loss, and the issue is moot since the original proceedings were resolved and all costs paid. The court should not consider the constitutionality of legislation in a moot case.

Citation
[1997] IEHC 141
Parties
Applicant: Applicant; Respondents: Ireland, the Attorney General, Ministers for Health, Finance and Social Welfare, Southern Health Board
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Judgment on Preliminary Objections (locus Standi and Mootness)
Outcome
Application refused
Legal Topics
Access to Courts, Locus Standi, Mootness, Constitutionality of Legislation, Court Fees
Constitutional Law Civil Procedure Access to Courts Locus Standi Mootness Constitutionality of Legislation Court Fees

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Parties

Applicant

Applicant

Ireland, the Attorney General, Ministers for Health, Finance and Social Welfare, Southern Health Board

Respondents

Procedural Posture

Judicial Review / Judgment on Preliminary Objections (locus Standi and Mootness)

Legal Issues

  1. 1 Whether the applicant has locus standi to challenge Section 65 of the Courts of Justice Act, 1936 and related regulations
  2. 2 Whether the application is moot due to resolution of the underlying dispute
  3. 3 Whether the statutory provisions unconstitutionally bar access to the courts

Ratio Decidendi

The applicant lacks locus standi as he was not prevented from accessing the courts, suffered no loss, and the issue is moot since the original proceedings were resolved and all costs paid. The court should not consider the constitutionality of legislation in a moot case.

Court Disposition

Application refused

Orders

  • Application for judicial review refused