Four-year backlog of appeal cases reduced at the stroke of a pen

Chief Justice Susan Denham speaks at yesterday’s special sitting of the Supreme Court with (from left) Ms Justice Elizabeth Dunne, Mr Justice John MacMenamin, Mr Justice Liam McKechnie, Mr Justice Adrian Hardiman, Mr Justice Nicholas Kearns, President of the High Court Mr Justice John Murray, Mr Justice Donal O’Donnell, Mr Justice Frank Clarke, Ms Justice Mary Laffoy and Mr Justice Peter Charleton.

Chief Justice Susan Denham flanked by (on left) High Court President Nicholas Kearns and Mr Justice John Murray

thumbnail: Chief Justice Susan Denham speaks at yesterday’s special sitting of the Supreme Court with (from left) Ms Justice Elizabeth Dunne, Mr Justice John MacMenamin, Mr Justice Liam McKechnie,
Mr Justice Adrian Hardiman, Mr Justice Nicholas Kearns, President of the High Court Mr Justice John Murray, Mr Justice Donal O’Donnell, Mr Justice Frank Clarke, Ms Justice Mary Laffoy and
Mr Justice Peter Charleton.
thumbnail: Chief Justice Susan Denham flanked by (on left) High Court President Nicholas Kearns and Mr Justice John Murray
Dearbhail McDonald

THE Supreme Court has reduced its notorious four year backlog by 44pc with the stroke of a pen courtesy of the establishment of the new permanent Court of Appeal.

Yesterday an 11-judge Supreme Court led by the Chief Justice, Mrs Justice Susan Denham, announced that it will immediately send some 258 appeals of its 585-strong caseload to the new nine-judge Court of Appeal which will begin hearing its first cases next Wednesday.

In a brief ceremony in the Supreme Court, Judge Denham made a series of declarations that will radically overhaul the operation of the country's highest court which has, in recent years, been slowed down by a workload not experienced by other comparative Supreme Courts.

And, in a rare move, Judge Denham granted permission to the media to film and photograph the issuing of her directions in the Supreme Court.

It is a routine practice to broadcast proceedings in the UK and US Supreme Courts as well as the Strasbourg based European Court of Human Rights. Cameras and recording devices are not, however, allowed in Irish courtrooms.

As a result of a new practice direction, 327 appeals certified as ready for hearing will be retained by the Supreme Court.

New legal powers have also been granted to the judiciary to facilitate more effective case management of appeals.

Appeals from the Court of Criminal Appeal (CCA) will stay with the Supreme Court, but those that have not been fully heard - or only partly heard - will be transferred down to the Court of Appeal. The three judge CCA will continue in existence until some 27 appeals that have been fully or partly heard by it are dealt with.

The class of appeals to be heard by the new court include appeals to the Supreme Court which have not been heard in full or in part by that court before October 28, 2014, the formal establishment day of the Court of Appeal.

Appeals that will be considered by the new court, where a notice of appeal has been served before October 28, include appeals from orders of the High Court in proceedings for summary judgment, security for costs, common law motions, personal injury cases, defamation and privacy actions.

The new court will not consider cases that were designated as a priority appeal or where dates for hearing have already been fixed, prior to October 28.

In addition, the Supreme Court will retain matters including appeals from the Court of Criminal Appeal, certain extradition and human trafficking cases, matters referred to the European Court of Justice (ECJ) for a preliminary ruling, and any case stated from the High or Circuit Court.

The establishment of the new court came following a referendum passed by a comfortable 2 to 1 majority in October 2013.

The new appellate court, which will hear both civil and criminal matters, has replaced the general right of appeal from the High Court to the Supreme Court.

But the Supreme Court will entertain appeals from decisions of the High Court and the Court of Appeal if certain jurisdictional thresholds are met.

Last night President Michael D Higgins appointed nine judges to the Court of Appeal whose President is former child abuse commission chair Mr Justice Sean Ryan.

This morning they will make their declarations in the presence of the Chief Justice.