Scotchstone Capital Fund Ltd & Anor v Ireland & Anor (Unapproved) [2023] IECA 13 (30 January 2023)

Scotchstone Capital Fund Ltd & Anor v Ireland & Anor (Unapproved) [2023] IECA 13 (30 January 2023)

The applicant must first seek the consent of the respondents before issuing a motion to correct a clerical error; the application for a further stay is an impermissible attempt to overturn the finality of the Court's previous decisions and is not allowed under established jurisprudence.

Citation
[2023] IECA 13
Parties
Appellant: Scotchstone Capital Fund Ltd; Applicant/appellant: Piotr Skoczylas; Respondents/respondents: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
30 January 2023
Procedural Posture
Appeal / Ruling on Motion for Leave to Issue Further Motion Post Final Judgment
Outcome
Leave to issue motion refused
Legal Topics
Correction of Clerical Errors, Stay of Proceedings, Finality of Judgments, Court Procedure
Civil Procedure Correction of Clerical Errors Stay of Proceedings Finality of Judgments Court Procedure

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 4 Party arguments 2
Sign in to unlock

Parties

Scotchstone Capital Fund Ltd

Appellant

Piotr Skoczylas

Applicant/appellant

Ireland and the Attorney General

Respondents/respondents

Procedural Posture

Appeal / Ruling on Motion for Leave to Issue Further Motion Post Final Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to issue a motion to correct a clerical error in the judgment without first seeking consent of the other party
  2. 2 Whether the applicant is entitled to seek a further stay of proceedings pending a CJEU application after final judgment

Ratio Decidendi

The applicant must first seek the consent of the respondents before issuing a motion to correct a clerical error; the application for a further stay is an impermissible attempt to overturn the finality of the Court's previous decisions and is not allowed under established jurisprudence.

Court Disposition

Leave to issue motion refused

Orders

  • Applicant must seek respondents' consent before any motion to correct clerical error may be issued
  • Leave to issue motion for further stay refused