Foley & anor v Dublin City Council (Approved) [2026] IECA 51 (30 March 2026)

Foley & anor v Dublin City Council (Approved) [2026] IECA 51 (30 March 2026)

Time for judicial review began to run from 1 May 2023 when the formal adverse decision was made. Appellants failed to provide affidavit evidence explaining and justifying the delay, and did not show circumstances were outside their control or could not have been anticipated. High Court correctly refused extension;...

Source-derived case information.

Citation
[2026] IECA 51
Parties
Applicant/appellant: Emmanuel Foley; Applicant/appellant: Jeanette Afi Aboni; Respondent: Dublin City Council
Jurisdiction
Ireland
Judgment Date
30 March 2026
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Extension of Time, Judicial Review, Housing Assistance Payment, Misrepresentation, Costs
Administrative Law Housing Law Civil Procedure Extension of Time Judicial Review Housing Assistance Payment Misrepresentation Costs

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Parties

Emmanuel Foley

Applicant/appellant

Jeanette Afi Aboni

Applicant/appellant

Dublin City Council

Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 When does time commence for judicial review under R.S.C. O. 84, r. 21(1)?
  2. 2 Did the appellants provide sufficient evidence to justify an extension of time?
  3. 3 Was the High Court correct in refusing to extend time for judicial review?

Ratio Decidendi

Time for judicial review began to run from 1 May 2023 when the formal adverse decision was made. Appellants failed to provide affidavit evidence explaining and justifying the delay, and did not show circumstances were outside their control or could not have been anticipated. High Court correctly refused extension; appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed and High Court judgment affirmed.
  • No costs order unless respondent seeks costs within fourteen days; appellants may reply within fourteen days thereafter.