ELG & Anor v Health Service Executive (Approved) [2021] IESC 82 (13 December 2021)

ELG & Anor v Health Service Executive (Approved) [2021] IESC 82 (13 December 2021)

The Supreme Court has jurisdiction to hear the appeal from the Court of Appeal under the constitutional and statutory framework, regardless of the retirement of the Circuit Court judge who stated the case. The issue is not one of jurisdiction but of mootness or futility, and given the systemic importance and practical impact of the legal question, the Court should proceed to hear and determine the appeal.

Citation
[2021] IESC 82
Parties
Appellant/applicant: ELG (a minor suing by her mother and next friend SG); Respondent/respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
13 December 2021
Procedural Posture
Appeal (consultative Case Stated) / Preliminary Jurisdictional Issue Before Supreme Court
Outcome
Supreme Court assumes jurisdiction and will proceed to hear the appeal.
Legal Topics
Jurisdiction of Supreme Court, Consultative Case Stated, Mootness, Interpretation of Disability Act 2005
Constitutional Law Civil Procedure Disability Law Jurisdiction of Supreme Court Consultative Case Stated Mootness Interpretation of Disability Act 2005

Case Brief

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Parties

ELG (a minor suing by her mother and next friend SG)

Appellant/applicant

Health Service Executive

Respondent/respondent

Procedural Posture

Appeal (consultative Case Stated) / Preliminary Jurisdictional Issue Before Supreme Court

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to hear an appeal from the Court of Appeal on a consultative case stated when the original Circuit Court judge has retired
  2. 2 Whether the retirement of the judge who stated the case renders the issue moot or futile

Ratio Decidendi

The Supreme Court has jurisdiction to hear the appeal from the Court of Appeal under the constitutional and statutory framework, regardless of the retirement of the Circuit Court judge who stated the case. The issue is not one of jurisdiction but of mootness or futility, and given the systemic importance and practical impact of the legal question, the Court should proceed to hear and determine the appeal.

Court Disposition

Supreme Court assumes jurisdiction and will proceed to hear the appeal.