Murphy v The Law Society of Ireland & Anor (Unapproved) [2023] IECA 310 (12 December 2023)

Murphy v The Law Society of Ireland & Anor (Unapproved) [2023] IECA 310 (12 December 2023)

The application to extend time to appeal was refused because Mr. Murphy failed to establish a good reason for the significant delay in bringing the application, did not meet the high threshold of arguability required after such delay, and most of the alleged new evidence was either already considered by the High Court or could have been obtained with reasonable diligence. The order sought to be appealed was made by consent, and no sufficient vitiating factor such as fraud was established.

Citation
[2023] IECA 310
Parties
Appellant/plaintiff: Colm Murphy; Respondent/defendant: The Law Society of Ireland; Respondent/defendant: Simon Murphy
Jurisdiction
Ireland
Judgment Date
12 December 2023
Procedural Posture
Application to Extend Time for Appeal / Court of Appeal Judgment on Application
Outcome
application refused
Legal Topics
Extension of Time, Appeals, Misfeasance in Public Office, Abuse of Process, New Evidence, Finality of Litigation
Civil Procedure Professional Regulation Extension of Time Appeals Misfeasance in Public Office Abuse of Process New Evidence Finality of Litigation

Case Brief

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Parties

Colm Murphy

Appellant/plaintiff

The Law Society of Ireland

Respondent/defendant

Simon Murphy

Respondent/defendant

Procedural Posture

Application to Extend Time for Appeal / Court of Appeal Judgment on Application

Legal Issues

  1. 1 Whether the appellant is entitled to an extension of time to appeal a consent order of the High Court from December 2017 based on alleged non-disclosure of documents and new evidence.
  2. 2 Whether the delay in bringing the application is justified and whether there are arguable grounds of appeal.

Ratio Decidendi

The application to extend time to appeal was refused because Mr. Murphy failed to establish a good reason for the significant delay in bringing the application, did not meet the high threshold of arguability required after such delay, and most of the alleged new evidence was either already considered by the High Court or could have been obtained with reasonable diligence. The order sought to be appealed was made by consent, and no sufficient vitiating factor such as fraud was established.

Court Disposition

application refused

Orders

  • Application for extension of time to appeal refused.