Fitzgibbon v AG [2001] IESC 207 (8 June 2001)

Fitzgibbon v AG [2001] IESC 207 (8 June 2001)

The applicant failed to meet the threshold for an injunction as there was no fair issue to be tried, damages were an adequate remedy, and the court lacked jurisdiction to intervene in the referendum process.

Citation
[2001] IESC 207
Parties
Plaintiff/appellant: John Fitzgibbon; Defendants: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
08 June 2001
Procedural Posture
Appeal / Ex Parte Appeal From High Court Refusal of Injunction
Outcome
appeal dismissed
Legal Topics
Referendum Process, Injunctions, Legal Aid, Access to Justice
Constitutional Law Election Law Referendum Process Injunctions Legal Aid Access to Justice

Case Brief

Summary, issues, holding and outcome

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Parties

John Fitzgibbon

Plaintiff/appellant

Ireland and the Attorney General

Defendants

Procedural Posture

Appeal / Ex Parte Appeal From High Court Refusal of Injunction

Legal Issues

  1. 1 Whether an injunction should be granted to restrain the counting of votes in referenda
  2. 2 Whether the applicant's rights were breached by the conduct of the referenda
  3. 3 Whether the court has jurisdiction to intervene in the referendum process

Ratio Decidendi

The applicant failed to meet the threshold for an injunction as there was no fair issue to be tried, damages were an adequate remedy, and the court lacked jurisdiction to intervene in the referendum process.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.