The Gazette 1972

th Report of Committee of Court

Practice and Procedure on the Powers

of the Supreme Court

Recommendations

The Committee unanimously ren)!lllliend as follows

(subject to reservations annexcd to this Report hy Mr.

E. C. Micks and Mr.

McMahon as to recoll'lIl1Cn–

dations numhered (8) to (11) inclusive) :

(1) Section 52 of the Courts (Supplemental Provi–

sions) Act, 1961, should he amended so as to allow a

p~rty

(who has hcen refused leave to appeal by the

Igh Court from a decision of that Court on a case

stated hy a Justice of the District Court) to apply to the

Suprcme Court for lcave to appeal. (See paragraph 12.)

(2) There should he expressly conferred on the Sup–

~ellJe

Court jurisdiction to try in the first and final

~nstancc,

on consent of the parties, net constitutional

ISsues initiated in the High Court concerning the vali–

dty of Acts of the Oireachtas or issues arising under

Article 50, Section 1, of the Constitution for the reso–

lution of which no decision on any disputed question of

fact is required, or any other net issue of law of impor–

tance initiated in the High Court. (See paragraph 16.)

(3) The Suprellie Court should he given jurisdiction

to detenlline on a compulsory consultative case stated

to it by the District Court or the Circuit Court any

{'ollstitutional issU(', other than such issues as

ar~

reservcd for the High Court or the Supreme Court

u~der

Article 34.3.2 of the Constitution, which lllay he

raised ill the District Court (whether arising during the

pr('lilllinary examination of an indictable offence or

()lherwise) 'or in the Circuit Court. (See paragraph 23.)

(4)

at some future time proposals to amend the

Constitution are to he put to a referendum, consid–

eration should bc given to including among them one

to remove the present "one opinion" rule which applies

to decisions of the Supreme Court hy virtue of the

provisions of Article 26.2.2 and Article 34.4.5. (See

paragraph 24.)

(5) All judgments of the Supreme Court which are

delivered in written form should be published shortly

after delivery at the State's expense and copies made

aVailahle to the puhlic at a reasonahle cost. (Sec para–

graph 33.)

(6) There should be expressly conferred on the Sup–

teule Court power to refer hack to the High Court as a

SPecial issue the examination of new evidence arising on

a? appeal in the Supreme Court which the Supreme

C~)urt

requires to he so examined. Such issue should be

tried with or without a jury as the Supreme Court

should direct. (See paragraph 40.)

.(7) Rules of Court should require that, in an action

trl('d in the High Court with a jury for damages for

trongs, the questions put to the jury should be so

rallied as to ohtain the jury's verdict as to the parti–

eul~r

wrongful acts or omissions alleged on each side

~nd

as to the relevant ingredients of any damages

asessed. (See paragraph 41.)

. fR)

In addition to all the documents which, by virtue

flf

the existing rules, are required to he lodged in the

127

Supreme Court for the purpose of an appeal, an appel–

lant or cross-appellant should also lodge five copies of

an appeal hrief containing the following documents in

the Office of the Supreme Court and serve a copy of

the same upon the respondent not later than thirty

days before the appeal is due for hearing:

(a) A concise statement of facts.

(b) A concise statelllent setting out clearly and parti

cularly in what respects the judgment appealed from is

alleged to be erroneous. When the error alleged is in

respect of the admission or rejection of evidence, the

evidence admitted or rejected sha1I be stated in full.

When the error alleged is with respect to the charge of

the judge to the jury, ,the language of the judge and the

ohjection of counsel shall be set out verbatim.

If,

how–

ever, the references involved are lengthy their citation

alone will he sufficient if a transcript of the shorthand

writer's note of the lIIatter has been lodged with the

books of appeal and the provisions in question are

clearly identified by rderence to the page of the tran–

script and hy giving the opening and closing words of

each such provision as it appears in the transcript.

out the points of law or facts to he discussed with parti–

cular referencc to the page and line of the case of

the transcript and the authorities relied upon in support

of each point. A precise citation of the authority relied

upon should he given in each case together with the

nUlllber of the opening page of the authority and the

nUlllher of the page or pages containing any passage or

passages [('lied upon and the opening and closing words

of each such passage. When a constitutional provision,

statute, statutory order, statutory instrument, rule or

regulation or hye-Iaw is cited or relied on, so much

thereof as may be necessary to the decision of the case

shall be set

o~t

verba tim citing the volume and page

on which they lIIav he found in the official edition.

the provisions' invo'lved are lengthy their citation alone

as to volume and page shall be sufficient save in the case

of private statutes, hye-Iaws and other provisions which

are not of general puhlic application throughout the

State.

(d) A concise statcment stating the nature of the

order or relief sought including any special order with

regard to costs. (See paragraph 47.)

(9)

A hrief should also he filed, and served on the

appellant, by the respondent setting out in similar form

his sublllissions with regard to (a), (h), (c) and (d) above

in so far as he does not accept or agree with the appel–

lant's submissions or recital of the same. Where the

respondent is cross appealing he shall as relates to the

cross appeal fol1ow the mode prescribed for an appellant

and the appellant in reply to the cross appeal shall

follow the lIIode prescrihed for a respondent. (See para–

graph 47.)

(10)

A respondent's hrief and an appellant's replying

brief to a cross appeal (if any) should be filed and served

not later than fifteen days from the receipt of the appel-