B. (N.) v. B. (M.) [2002] IESC 31 (26 April 2002)

B. (N.) v. B. (M.) [2002] IESC 31 (26 April 2002)

The Supreme Court has no jurisdiction to hear an appeal from the High Court exercising its appellate jurisdiction in respect of decisions of the Circuit Court, and therefore cannot enlarge the time for such an appeal.

Citation
[2002] IESC 31
Parties
Applicant: MB; Respondent: NB
Jurisdiction
Ireland
Judgment Date
26 April 2002
Procedural Posture
Application to Enlarge Time for Appeal / Supreme Court Determination on Jurisdiction
Outcome
Application refused for want of jurisdiction
Legal Topics
Appeals, Jurisdiction, Divorce, Finality of Judgments
Family Law Civil Procedure Appeals Jurisdiction Divorce Finality of Judgments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

MB

Applicant

NB

Respondent

Procedural Posture

Application to Enlarge Time for Appeal / Supreme Court Determination on Jurisdiction

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to enlarge time for appeal from a High Court decision on appeal from the Circuit Court in a civil matter
  2. 2 Whether prior High Court orders precluded the Circuit Court proceedings under the Family Law (Divorce) Act 1996

Ratio Decidendi

The Supreme Court has no jurisdiction to hear an appeal from the High Court exercising its appellate jurisdiction in respect of decisions of the Circuit Court, and therefore cannot enlarge the time for such an appeal.

Court Disposition

Application refused for want of jurisdiction

Orders

  • Application to enlarge time for appeal refused