New Events

National

no events posted in last week

Blog Feeds

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link RTEs Sarah McInerney ? Fianna Fail?supporter? Anthony

offsite link Joe Duffy is dishonest and untrustworthy Anthony

offsite link Robert Watt complaint: Time for decision by SIPO Anthony

offsite link RTE in breach of its own editorial principles Anthony

offsite link Waiting for SIPO Anthony

Public Inquiry >>

Human Rights in Ireland
Promoting Human Rights in Ireland

Human Rights in Ireland >>

Lockdown Skeptics

The Daily Sceptic

offsite link Can Science Tell Us the Meaning of Life? Mon Dec 23, 2024 19:54 | Dr David Bell
At Christmas time, Dr David Bell reflects on what has true value in this world, the limits of science to tell us what that is and what a baby in a manger might have to say about it.
The post Can Science Tell Us the Meaning of Life? appeared first on The Daily Sceptic.

offsite link Non-Crime Hate Incidents Surge in Half of Police Forces Despite Government Crackdown Mon Dec 23, 2024 17:46 | Will Jones
The number of?non-crime hate incidents?recorded by police has surged in half of Britain's forces despite attempts by the previous Government to crack down on the practice, official data show.
The post Non-Crime Hate Incidents Surge in Half of Police Forces Despite Government Crackdown appeared first on The Daily Sceptic.

offsite link Reeves?s Simplistic Thinking Spawned This Budget from Hell Mon Dec 23, 2024 15:44 | David Craig
Simplistic linear thinking by Rachel from Accounts and the Treasury spawned this Budget from hell, says David Craig. A systems thinker would have known it would send the economy into a doom loop of recession and decline.
The post Reeves’s Simplistic Thinking Spawned This Budget from Hell appeared first on The Daily Sceptic.

offsite link British Drivers Steering Away From New Cars In Their Droves Mon Dec 23, 2024 13:00 | Sallust
British car-buyers are turning away from new vehicles in their droves and keeping their reliable old petrol models going for far longer as Labour's Net Zero war on affordable motors heats up.
The post British Drivers Steering Away From New Cars In Their Droves appeared first on The Daily Sceptic.

offsite link Britain on Brink of Recession After Growth Revised to Zero Following Reeves?s Horror Budget Mon Dec 23, 2024 11:09 | Will Jones
Britain is on the brink of a recession after official figures were revised to show zero growth in the third quarter of the year and living standards fell, with Rachel Reeves's horror Budget blamed.
The post Britain on Brink of Recession After Growth Revised to Zero Following Reeves’s Horror Budget appeared first on The Daily Sceptic.

Lockdown Skeptics >>

Voltaire Network
Voltaire, international edition

offsite link Voltaire, International Newsletter N?113 Fri Dec 20, 2024 10:42 | en

offsite link Pentagon could create a second Kurdish state Fri Dec 20, 2024 10:31 | en

offsite link How Washington and Ankara Changed the Regime in Damascus , by Thierry Meyssan Tue Dec 17, 2024 06:58 | en

offsite link Statement by President Bashar al-Assad on the Circumstances Leading to his Depar... Mon Dec 16, 2024 13:26 | en

offsite link Voltaire, International Newsletter N?112 Fri Dec 13, 2024 15:34 | en

Voltaire Network >>

Lay Litigants Win Appeal in Supreme Court

category national | rights, freedoms and repression | news report author Wednesday July 27, 2016 23:32author by Justin Morahan Report this post to the editors

Six plenary actions returned to the High Court

Kevin and Karen Tracey won an important appeal in the Supreme Court on Tuesday



Kevin Tracey and Karen Tracey, lay litigants, won their appeal in the Supreme Court on Tuesday 26 July 2016, when six plenary actions against the State and Courts Service, most in the name of Mr Tracey, were re-instated in the High Court. All six cases had been struck out by the President of the High Court on 4 March 2011 while Mr Tracey was ill. The High Court President had rejected his medical certificates as inadequate.

Mr Tracey and his wife Karen had argued in their submission on one specific case (154/2011) that the State had engaged in egregious wrongdoing in 2000 by issuing malicious summonses to Mr Tracey for not handing in his licence and insurance certificate although he had handed in the required documents within the allotted time. They further pleaded that he had been found guilty in his absence when he was not able to attend court on the day and, after he had paid a fine to satisfy the Court Order, the State defendants had sent three Gardaí to arrest him in his home at 7.15 a.m.on 8 May 2001. They alleged that the Gardai had assaulted Mr Tracey by handcuffing him, knocking him to the ground and one Garda held him there by placing a booted foot on him. Only when Mrs Tracey produced the receipt for the paid fine did the Gardaí leave. Although the fine payment was eventually returned by the Courts Service Mr Tracey maintains that his name had not been cleared in their records up to May 2006. Plenary proceedings were instituted against the State and Courts Service in April 2007 and were proceeding along normal lines without any undue delay on their part, until 2 July 2010 when Mr Tracey was suddenly stricken down with a serious illness, hospitalised for seven weeks and returned to the care of his doctor and his wife.

The State and Court defendants pursued Mr and Mrs Tracey to progress the prosecution while he was still under doctor's orders not to conduct his affairs, and while he was in the care of his wife. Their plenary action was struck out by Mr Justice NIcholas Kearns for want of prosecution and for inordinate and inexcusable delay.
Five other plenary actions against the same defendants for separate alleged egregious wrongdoing were struck out on the same date by the same Court.

In their appeal to the Supreme Court the Traceys had alleged that the relatively short delay between July 2010 and March 2011 was neither inordinate nor inexcusable, that the defendants had not argued such delay, that even if it had been so, the balance of justice required that the proceedings should not have been struck out. They also alleged errors in law and bias on the part of the High Court Judge which were contrary to Irish Constitutional and European law. They cited in particular Kyprianou v Cyprus on judicial bias.

The Supreme Court judgement states that "the Traceys had progressed the proceedings in a timely fashion up to [the time of Mr Tracey's illness]" that "medical reports were in fact furnished (indeed there were two) which did advance matters beyond the position which had pertained on the previous occasion when the case was put back and directions given [and] there is reference to a specific medical condition [and] there is at least a form of report from a consultant (or a consultant's registrar) ... I am satisfied that the trial judge was more than entitled to consider that the medical evidence was insufficiently detailed... It seems to me that the trial judge was entitled to conclude that there had been inordinate and inexcusable delay [because of] the persistent failure of the Traceys to present adequate medical reports to the Court" during the period 2 June 2010 and 4 March 2011. It rejected the claim of judicial bias.

However, it concluded that on the balance of justice the trial judge was in error in dismissing the proceedings and that the appeal must therefore be allowed.

The full judgement is to be found at http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/a818e973ed80e89580257ffc00541dd0?OpenDocument

ENDS

 #   Title   Author   Date 
   Link malfunction     Justin Morahan    Thu Jul 28, 2016 10:33 
   that's working now Justin     wageslave    Thu Jul 28, 2016 22:14 
   Background information     Justin Morahan    Fri Jul 29, 2016 15:31 
   Important Correction: the questionf bias was not addressed     Justin Morahan    Thu Aug 04, 2016 11:12 
   Brilliant Argument     Seán Ryan    Sat Aug 06, 2016 11:23 
   Update on six cases     Justin Moahan    Sun Feb 12, 2017 12:20 
   Update on six cases     Justin Morahan    Sun Feb 12, 2017 12:35 


Number of comments per page
  
 
© 2001-2024 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy