Donegal County Council v Quinn (Approved) (Rev1) [2024] IEHC 358 (29 May 2024)

Donegal County Council v Quinn (Approved) (Rev1) [2024] IEHC 358 (29 May 2024)

Leave to appeal is granted because the Prosecutor's grounds meet the low threshold for statability, and section 52(2) of the 1961 Act requires leave for appeals on questions of law referred by the District Court. The statutory and constitutional framework supports granting leave where a stateable basis exists.

Citation
[2024] IEHC 358
Parties
Prosecutor: Donegal County Council; Accused: Conor Quinn; Notice Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
29 May 2024
Procedural Posture
Consultative Case Stated / Application for Leave to Appeal
Outcome
leave to appeal granted
Legal Topics
Leave to Appeal, Interpretation of 'person', Consultative Case Stated, Appellate Jurisdiction
Constitutional Law Statutory Interpretation Civil Procedure Leave to Appeal Interpretation of 'person' Consultative Case Stated Appellate Jurisdiction

Case Brief

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Parties

Donegal County Council

Prosecutor

Conor Quinn

Accused

The Attorney General

Notice Party

Procedural Posture

Consultative Case Stated / Application for Leave to Appeal

Legal Issues

  1. 1 Whether section 1 of the Courts (No.3) Act, 1986 (as amended) authorises the issue of a summons on the application of a firm of solicitors and an unincorporated body of persons
  2. 2 Whether leave to appeal should be granted under section 52(2) of the Courts (Supplemental Provisions) Act 1961

Ratio Decidendi

Leave to appeal is granted because the Prosecutor's grounds meet the low threshold for statability, and section 52(2) of the 1961 Act requires leave for appeals on questions of law referred by the District Court. The statutory and constitutional framework supports granting leave where a stateable basis exists.

Court Disposition

leave to appeal granted

Orders

  • Order granting leave to the Prosecutor to appeal to the Court of Appeal against the determination of the question of law referred by Judge Sandra Murphy on 2nd March 2022.
  • Matter listed for mention on 14th June 2024 to address costs and ancillary matters.