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High Court refuses leave to apply for judicial review of a decision by the respondent not to accept four notices of appeal from decisions of the Circuit Court, on the grounds that: (a) the applicant's legal arguments were incorrect; (b) the notices of appeal in respect of his substantive application are now significantly out of time; (c) there was a five-month delay in the institution of judicial review proceedings; and (d) no reason was provided explaining why the delay had taken place.
High Court - judicial review - Rules of the Superior Courts - Orders 61 and 84(3) RSC - Data Protection Act, 1988 - section 26 - Courts of Justice Act, 1936 - Circuit Court decision not to receive four notice of appeal - applicant argued they complied with the rules, Order 61 RSC doesn't apply to section 26 cases and that Courts of Justice Act, 1936 doesn't apply to Circuit appeals under section 26 - Act of 1988 - section 26 - decisions by Data Protection Commissioner - 23rd November, 2021 - Circuit Court orders made - ten days to lodge appeal - 2nd December, 2021 - notices of appeal received by Central Office - issues with documents - extension of time suggested by respondents in letter - 6th and 7th December, 2021 - appellant communicates dissatisfaction with process - 16th May, 2022 - ex parte application to ground judicial review - papers had to be served on respondent by 24th October, 2022 - 20th December, 2022 - Meenan J. order - papers not served - 13th January, 2023 - matter returnable - motion dated 11th January, 2023 - 24th March, 2023 - affidavit from Courts Service official - Courts of Justice Act, 1936 - how to deal with Circuit Court appeals - legal arguments incorrect - notices of appeal now significantly out of time - five-month delay in instituting judicial review proceedings - had to make ex parte application to stop the clock - Order 84, rule 3 RSC - extensions of time - no explanation for delay provided - application refused - out of time - outstanding issue in relation to costs.
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