Rowan v Kerry County Council [2018] IESC 2 (30 January 2018)

Rowan v Kerry County Council [2018] IESC 2 (30 January 2018)

The Supreme Court has no jurisdiction to entertain a leapfrog appeal under the Thirty Third Amendment in respect of proceedings concluded by a final High Court order prior to the amendment, as the amendment does not operate retrospectively to revive such proceedings.

Citation
[2018] IESC 2
Parties
Applicant/appellant: Michael Rowan; Respondent: Kerry County Council; Notice Party: Timothy Mulvihill
Jurisdiction
Ireland
Judgment Date
30 January 2018
Procedural Posture
Judicial Review / Application for Leave to Appeal to Supreme Court
Outcome
Application for leave to appeal refused
Legal Topics
Retrospective Effect of Constitutional Amendments, Jurisdiction of Supreme Court, Leapfrog Appeals, Costs in Judicial Review, Finality of Orders
Constitutional Law Administrative Law Planning Law Retrospective Effect of Constitutional Amendments Jurisdiction of Supreme Court Leapfrog Appeals Costs in Judicial Review Finality of Orders

Case Brief

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Parties

Michael Rowan

Applicant/appellant

Kerry County Council

Respondent

Timothy Mulvihill

Notice Party

Procedural Posture

Judicial Review / Application for Leave to Appeal to Supreme Court

Legal Issues

  1. 1 Whether the Thirty Third Amendment to the Constitution permits a leapfrog appeal to the Supreme Court in respect of High Court orders made prior to its enactment
  2. 2 Whether the proceedings were pending at the time of the constitutional amendment
  3. 3 Whether the changes brought about by the Thirty Third Amendment are procedural or affect substantive rights

Ratio Decidendi

The Supreme Court has no jurisdiction to entertain a leapfrog appeal under the Thirty Third Amendment in respect of proceedings concluded by a final High Court order prior to the amendment, as the amendment does not operate retrospectively to revive such proceedings.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal to the Supreme Court is refused