Kiernan v Financial Services and Pensions Ombudsman (Approved) [2025] IEHC 137 (12 March 2025)

Kiernan v Financial Services and Pensions Ombudsman (Approved) [2025] IEHC 137 (12 March 2025)

The application for leave to present an election petition was refused because it was made outside the statutory fourteen-day time limit, which the court has no power to extend. The related request for disclosure of election documents was also refused as there was no valid petition before the court.

Citation
[2025] IEHC 137
Parties
Proposing Petitioner: Michelle Keane; Proposed Respondent: Clerk of the Dáil; Proposed Respondent: Government of Ireland; Proposed Respondent: The Returning Officer for Kerry (Padraig Burke)
Jurisdiction
Ireland
Judgment Date
12 March 2025
Procedural Posture
Application for Leave to Present an Election Petition / Judgment on Application for Leave
Outcome
leave to present election petition refused; application dismissed
Legal Topics
Election Petitions, Statutory Time Limits, Disclosure of Election Documents
Election Law Administrative Law Election Petitions Statutory Time Limits Disclosure of Election Documents

Case Brief

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Parties

Michelle Keane

Proposing Petitioner

Clerk of the Dáil

Proposed Respondent

Government of Ireland

Proposed Respondent

The Returning Officer for Kerry (Padraig Burke)

Proposed Respondent

Procedural Posture

Application for Leave to Present an Election Petition / Judgment on Application for Leave

Legal Issues

  1. 1 Whether the application for leave to present an election petition was made within the statutory time limit
  2. 2 Whether the High Court has jurisdiction to extend the statutory time limit for presenting an election petition
  3. 3 Whether the applicant is entitled to disclosure of election documents in the context of an out-of-time application

Ratio Decidendi

The application for leave to present an election petition was refused because it was made outside the statutory fourteen-day time limit, which the court has no power to extend. The related request for disclosure of election documents was also refused as there was no valid petition before the court.

Court Disposition

leave to present election petition refused; application dismissed

Orders

  • Leave to present the intended election petition is refused as time barred.
  • Request for disclosure of election documents is refused.