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Rules of the Superior Courts

Appendix: FF

Court of Appeal Act 2014 : S.I. No. 485 of 2014 [as amended by S.I. No. 539 of 2014]

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Order 58, rule 15

No. 1

SUPREME COURT

Application for Leave and Notice of Appeal


For Office use
      Supreme Court record number of this appeal .....

      Subject matter for indexing ......

      Leave is sought to appeal from

      The Court of Appeal .....

      The High Court .....

[Title and record number as per the High Court proceedings]

...... V ......

      Date of filing .....

      Name(s) of Applicant(s)/Appellant(s) .....

      Solicitors for Applicant(s)/Appellant(s) .....

      Name of Respondent(s) .....

      Respondent’s solicitors ......

Has any appeal (or application for leave to appeal) previously been lodged in the Supreme Court in respect of the proceedings?
      Yes .....

      No .....

If yes, give Supreme Court record number(s) .....

Are you applying for an extension of time to apply for leave to appeal?

      Yes .....

      No .....

If Yes, please explain why .....

1. Decision that it is sought to appeal

      Name(s) of Judge(s) .....

      Date of order/ Judgment .....

2. Applicant/Appellant Details

Where there are two or more applicants/appellants by or on whose behalf this notice is being filed please provide relevant details for each of the applicants/appellants

      Appellant’s full name .....
Original status
      Plaintiff .....

      Defendant .....

      Applicant .....

      Respondent .....

      Prosecutor .....

      Notice Party .....

      Petitioner .....

Solicitor
      Name of firm .....

      Email .....

      Address .....

      Telephone no. .....

      Document Exchange no. .....

      Postcode .....

      Ref. .....

      How would you prefer us to communicate with you?

      Document Exchange .....

      E-mail .....

      Post .....

      Other (please specify) .....

Counsel
      Name .....

      Email .....

      Address .....

      Telephone no. .....

      Document Exchange no. .....

      Postcode .....

Counsel
      Name .....

      Email .....

      Address .....

      Telephone no. .....

      Document Exchange no. .....

      Postcode .....

If the Applicant / Appellant is not legally represented please complete the following
      Current postal address .....

      e-mail address .....

      Telephone no. .....

How would you prefer us to communicate with you?
      Document Exchange

      E-mail .....

      Post .....

      Other (please specify) .....

3. Respondent Details

Where there are two or more respondents affected by this application for leave to appeal, please provide relevant details, where known, for each of those respondents

      Respondent’s full name .....
Original status
      Plaintiff .....

      Defendant .....

      Applicant .....

      Respondent .....

      Prosecutor .....

      Notice Party .....

      Petitioner .....

Solicitor
      Name of firm .....

      Email .....

      Address .....

      Telephone no. .....

      Document .....

      Exchange no.

      Postcode .....

      Ref. .....

How would you prefer us to communicate with you?
      Document Exchange .....

      E-mail .....

      Post .....

      Other (please specify) .....

Counsel
      Name .....

      Email .....

      Address .....

      Telephone no. .....

      Document .....

      Exchange no. .....

      Postcode .....

Counsel
      Name .....

      Email .....

      Address .....

      Telephone no. .....

      Document .....

      Exchange no. .....

      Postcode .....

If the Respondent is not legally represented please complete the following
      Current postal address .....

      e-mail address .....

      Telephone no. .....

How would you prefer us to communicate with you?
      Document Exchange .....

      E-mail .....

      Post .....

      Other (please specify) .....

4. Information about the decision that it is sought to appeal

Please set out below:

      1. Whether it is sought to appeal from (a) the entire decision or (b) a part or parts of the decision and if (b) the specific part or parts of the decision concerned

      2. (a) A concise statement of the facts found by the trial court (in chronological sequence) relevant to the issue(s) identified in Section 5 below and on which you rely (include where relevant if certain facts are contested)

      (b) In the case where it is sought to appeal in criminal proceedings please provide a concise statement of the facts that are not in dispute

      3. The relevant orders and findings made in the High Court and/or in the Court of Appeal

..... ..... ..... .....

5. Reasons why the Supreme Court should grant leave to appeal

      In the case of an application for leave to appeal to which Article 34.5.3° of the Constitution applies (i.e. where it is sought to appeal from the Court of Appeal)—

      Please list (as 1, 2, 3, etc) concisely the reasons in law why the decision sought to be appealed involves a matter of general public importance and / or why in the interests of justice it is necessary that there be an appeal to the Supreme Court

      In the case of an application for leave to appeal to which Article 34.5.4° of the Constitution applies (i.e. where it is sought to appeal to the Supreme Court from the High Court)—

      Please list (as 1, 2, 3, etc) concisely the reasons in law:

      i. why the decision sought to be appealed involves a matter of general public importance and / or why in the interests of justice it is necessary that there be an appeal to the Supreme Court and

      ii. why there are exceptional circumstances warranting a direct appeal to the Supreme Court

..... ..... ..... .....

6. Ground(s) of appeal which will be relied on if leave to appeal is granted

      Please list (as 1, 2, 3, etc) concisely:

      1. the specific ground(s) of appeal and the error(s) of law related to each numbered ground

      2. the legal principles related to each numbered ground and confirmation as to how that/those legal principle(s) apply to the facts or to the relevant inference(s) drawn therefrom

      3. The specific provisions of the Constitution, Act(s) of the Oireachtas, Statutory Instrument(s) and any other legal instruments on which you rely

      4. The issue(s) of law before the Court appealed from to the extent that they are relevant to the issue(s) on appeal

..... ..... ..... .....
      Name of solicitor or (if counsel retained) counsel or applicant/appellant in person: .....
7. Other relevant information

Neutral citation of the judgment appealed against e.g. Court of Appeal [2015] IECA 1 or High Court [2009] IEHC 608

.....

References to Law Report in which any relevant judgment is reported

.....

8. Order(s) sought

Set out the precise form of order(s) that will be sought from the Supreme Court if leave is granted and the appeal is successful:

..... ..... .....

What order are you seeking if successful?

Order being appealed:

      set aside .....

      vary/substitute .....

Original order:
      set aside .....

      restore .....

      vary/substitute .....

If a declaration of unconstitutionality is being sought please identify the specific provision(s) of the Act of the Oireachtas which it is claimed is/are repugnant to the Constitution
      ..... ..... .....
If a declaration of incompatibility with the European Convention on Human Rights is being sought please identify the specific statutory provision(s) or rule(s) of law which it is claimed is/are incompatible with the Convention
      ..... ..... .....
Are you asking the Supreme Court to:
      depart from (or distinguish) one of its own decisions?

      Yes .....

      No .....

      If Yes, please give details below:

      .....

make a reference to the Court of Justice of the European Union?
      Yes .....

      No .....

      If Yes, please give details below:

      .....

Will you request a priority hearing?
      Yes .....

      No .....

      If Yes, please give reasons below:

      .....

Please submit your completed form to:
      The Office of the Registrar of the Supreme Court
      The Four Courts
      Inns Quay
      Dublin
together with a certified copy of the Order and the Judgment in respect of which it is sought to appeal.

This notice is to be served within seven days after it has been lodged on all parties directly affected by the application for leave to appeal or appeal.


-------------------------------------------------------------

No. 2


O. 58, r. 18(1)

SUPREME COURT

Respondent’s Notice


Supreme Court record number .....

[Title and record number as per the High Court proceedings]

..... V .....

      Date of filing .....

      Name of respondent .....

      Respondent’s solicitors .....

      Name of appellant .....

      Appellant’s solicitors .....

1. Respondent Details

Where there are two or more respondents by or on whose behalf this notice is being filed please also provide relevant details for those respondent(s)

      Respondent’s full name .....

      The respondent was served with the application for leave to appeal and notice of appeal on date .....

The respondent intends:
      to oppose the application for an extension of time to apply for leave to appeal .....

      not to oppose the application for an extension of time to apply for leave to appeal .....

      to oppose the application for leave to appeal .....

      not to oppose the application for leave to appeal .....

      to ask the Supreme Court to dismiss the appeal .....

      to ask the Supreme Court to affirm the decision of the Court of Appeal or the High Court on grounds other than those set out in the decision of the Court of Appeal or the High Court .....

      Other (please specify) .....

If the details of the respondent’s representation are correct and complete on the notice of appeal, tick the following box and leave the remainder of this section blank; otherwise complete the remainder of this section if the details are not included in, or are different from those included in, the notice of appeal.
      Details of respondent’s representation are correct and complete on notice of appeal: .....
Respondent’s Representation

Solicitor

Name of firm .....

Email .....

Address .....

Telephone no. .....

Document .....

Exchange no. .....

Postcode .....

Ref. .....

      How would you prefer us to communicate with you?

      Document Exchange .....

      E-mail .....

      Post .....

      Other (please specify) .....

Counsel
      Name .....

      Email .....

      Address .....

      Telephone no. .....

      Document .....

      Exchange no. .....

      Postcode .....

Counsel
      Name .....

      Email .....

      Address .....

      Telephone no. .....

      Document .....

      Exchange no. .....

      Postcode .....

If the Respondent is not legally represented please complete the following
      Current postal address .....

      Telephone no. .....

      e-mail address .....

How would you prefer us to communicate with you?

Document Exchange .....

E-mail .....

Post .....

Other (please specify) .....

2. Respondent’s reasons for opposing extension of time

If applicable, set out concisely here the respondent’s reasons why an extension of time to the applicant/appellant to apply for leave to appeal to the Supreme Court should be refused

..... ..... .....

3. Information about the decision that it is sought to appeal

Set out concisely whether the respondent disputes anything set out in the information provided by the applicant/appellant about the decision that it is sought to appeal (Section 4 of the notice of appeal) and specify the matters in dispute:

..... ..... .....

4. Respondent’s reasons for opposing leave to appeal

If leave to be appeal is being contested, set out concisely here the respondent’s reasons why:

      In the case of an application for leave to appeal to which Article 34.5.3° of the Constitution applies (i.e. where it is sought to appeal from the Court of Appeal)—

      * the decision in respect of which leave to appeal is sought does not involve a matter of general public importance

      * it is not, in the interests of justice, necessary that there be an appeal to the Supreme Court

      In the case of an application for leave to appeal to which Article 34.5.4° of the Constitution applies (i.e. where it is sought to appeal to the Supreme Court from the High Court)—

      * the decision in respect of which leave to appeal is sought does not involve a matter of general public importance

      * it is not, in the interests of justice, necessary that there be an appeal to the Supreme Court

      there are no exceptional circumstances warranting a direct appeal to the Supreme Court.

*delete where inapplicable

5. Respondent’s reasons for opposing appeal if leave to appeal is granted

Please list (as 1, 2, 3 etc in sequence) concisely the Respondent’s grounds of opposition to the ground(s) of appeal set out in the Appellant’s notice of appeal (Section 6 of the notice of appeal):

..... ..... .....

..... ..... .....

..... ..... .....

Name of counsel or solicitor who settled the grounds of opposition (if the respondent is legally represented), or name of respondent in person:

..... ..... .....

6. Additional grounds on which decision should be affirmed

Set out here any grounds other than those set out in the decision of the Court of Appeal or the High Court on which the Respondent claims the Supreme Court should affirm the decision of the Court of Appeal or the High Court:

..... ..... .....

Are you asking the Supreme Court to:

      depart from (or distinguish) one of its own decisions?

      Yes .....

      No .....

      If Yes, please give details below:

      ..... ..... .....

      make a reference to the Court of Justice of the European Union?

      Yes

      No

      If Yes, please give details below:

      ..... ..... .....

      Will you request a priority hearing?

      Yes

      No

      If Yes, please give reasons below:

      ..... ..... .....

Please submit your completed form to:

The Office of the Registrar of the Supreme Court
The Four Courts
Inns Quay
Dublin

This notice is to be lodged and served on the appellant and each other respondent within 14 days after service of the notice of appeal.


--------------------------------

No. 3


O. 58, r. 21(1)(c)(i)

SUPREME COURT

Notice of Intention to Proceed with Appeal


Supreme Court record number .....

[Title and record number as per the High Court proceedings]

..... V .....

      Date of filing .....

      Appellant’s solicitors .....

      Respondent’s solicitors .....

      1. Order granting leave

      Date of Supreme Court order granting leave to appeal .....

2. Appellant’s notice
      The appellant in this appeal:

      intends to proceed with the appeal

      Yes .....

      No .....

      on all grounds on which leave to appeal was granted

      Yes .....

      No .....

      If not, specify the precise grounds on which leave to appeal was given on which the appellant intends to proceed:

      ..... ..... .....

      intends to withdraw or abandon the appeal

      Yes .....

      No .....

Signed: ..... .....

(Solicitor for) the appellant

Please submit your completed form to:

The Office of the Registrar of the Supreme Court
The Four Courts
Inns Quay
Dublin


------------------------------------



O. 58, r. 27(1)

No. 4

SUPREME COURT

Notice of Application


Supreme Court record number .....

[Title and record number as per the High Court proceedings]

..... V .....

      Date of filing .....

      Applicant’s solicitors .....

      Appellant’s solicitors .....

      Respondent’s solicitors .....

1. Return date (Note: not applicable to applications under Article 64.3.3° or Article 64.4.1° of the Constitution)

TAKE NOTICE that this application is listed for hearing at the following date and time:

      Date .....

      Time .....

2. Affidavit(s) relied on in support of this application by moving party (where applicable)
      Deponent .....

      Date sworn .....

If the details of the applicant’s representation are correct and complete on the notice of appeal (or, as the case may be, respondent’s notice), tick the following box and leave the remainder of this section blank; otherwise complete the remainder of this section.
      Details of applicant’s representation are correct and complete on notice of appeal (or respondent’s notice): ..... ..... .....
This notice is to be lodged and served on each respondent within 28 days of the grant by the Supreme Court of leave to appeal.

3. Details of the applicant

      Applicant’s full name .....
Original status
      Plaintiff .....

      Defendant .....

      Applicant .....

      Respondent .....

      Prosecutor .....

      Notice Party .....

      Petitioner .....

Solicitor
      Name of firm .....

      Email .....

      Address .....

      Telephone no. .....

      Document Exchange no. .....

      Postcode .....

      Ref. .....

How would you prefer us to communicate with you?
      Document Exchange .....

      E-mail .....

      Post .....

      Other (please specify) .....

Counsel
      Name .....

      Email .....

      Address .....

      Telephone no. .....

      Document .....

      Exchange no.

      Postcode .....

Counsel
      Name .....

      Email .....

      Address .....

      Telephone no. .....

      Document .....

      Exchange no.

      Postcode .....

If the Applicant / Appellant is not legally represented please complete the following
      Current address .....

      Telephone no. .....

      e-mail address .....

How would you prefer us to communicate with you?
      Document Exchange .....

      E-mail .....

      Post .....

      Other (please specify) .....

4. Nature of the application

The applicant applies for

      Extension of time .....

      Permission to intervene .....

      Security for costs .....

      Order for substituted service .....

      Expedited hearing .....

      Review of Registrar’s decision under Order 58 rule 14(2) .....

      An order under Article 64.3.3° of the Constitution .....

      An order under Article 64.4.1° of the Constitution .....

      Other order (please specify) .....

5. On what grounds are you making this application?

..... ..... .....

6. Consent/objection to application

..... ..... .....

The following parties consent to this application

..... ..... .....

See attached letter(s) dated: .....

The following parties object to this application

..... ..... .....

See attached letter(s) dated: .....

* 7. Details of Registrar’s decision being appealed

..... ..... .....

* Insert where application is being made for review of Registrar’s decision