Reen -v- Murphy & ors [2017] IESC 67 (18 October 2017)

Reen -v- Murphy & ors [2017] IESC 67 (18 October 2017)

The application for judicial review was dismissed as being completely out of time, with no application or grounds for extension, and because judicial review is not an appropriate vehicle to re-litigate concluded matters or to address the applicant's grievances regarding inheritance and property. The reliefs sought were misconceived and unsupported by evidence or law.

Citation
[2017] IESC 67
Parties
Applicant/appellant: Patrick Reen; Respondent: Colm Murphy; Respondent (deceased): Donal Brendan O'Connell; Respondent: Michael O'Connell; Respondent: C. F. O'Connell; Respondent: Kevin J. White; Notice Party: Margaret Lucey; Notice Party: Ireland (The Attorney General); Notice Party: The Law Society of Ireland; Notice Party: The Bar Council of Ireland; Notice Party: Minister for Justice, Equality and Law Reform; Notice Party: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
18 October 2017
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Dismissal of Judicial Review Application
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Delay/laches, Inheritance Disputes, Probate, Setting Aside Court Orders, Standing, Extension of Time
Civil Procedure Succession Law Property Law Judicial Review Delay/laches Inheritance Disputes Probate Setting Aside Court Orders +2 more

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Parties

Patrick Reen

Applicant/appellant

Colm Murphy

Respondent

Donal Brendan O'Connell

Respondent (deceased)

Michael O'Connell

Respondent

C. F. O'Connell

Respondent

Kevin J. White

Respondent

Margaret Lucey

Notice Party

Ireland (The Attorney General)

Notice Party

The Law Society of Ireland

Notice Party

The Bar Council of Ireland

Notice Party

Minister for Justice, Equality and Law Reform

Notice Party

Director of Public Prosecutions

Notice Party

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Dismissal of Judicial Review Application

Legal Issues

  1. 1 Whether the application for judicial review was out of time
  2. 2 Whether any grounds existed to quash the underlying Circuit Court, High Court, or Probate orders
  3. 3 Whether judicial review is an appropriate remedy for the applicant's grievances

Ratio Decidendi

The application for judicial review was dismissed as being completely out of time, with no application or grounds for extension, and because judicial review is not an appropriate vehicle to re-litigate concluded matters or to address the applicant's grievances regarding inheritance and property. The reliefs sought were misconceived and unsupported by evidence or law.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court dismissing the judicial review proceedings affirmed
  • Law Society removed as notice party and awarded costs