Court of Appeal extends the time for the issue of notice of appeals for solicitors who lodged appeals of High Court orders in respect of solicitors disciplinary proceedings outside the 21-day time limit, on the grounds that, unless excluded by specific legislation, the court has an inherent jurisdiction to consider an application to extend time to pursue an appeal, and in the circumstances of these cases, time should be extended.
Practice and procedure – time limits – solicitor’s discipline – appellants lodged the notice of appeal 21 days after the date of either the making of the order in the High Court or the date of perfection of the order – section 12 of the Solicitors (Amendment) Act 1960 as inserted by s. 39 of the Solicitors (Amendment) Act 1994 – extension of time – O. 86A, r. 13(1) RSC – whether s. 12 of the 1960 Act imposes an absolute time limit within which an appeal to the Court of Appeal must be lodged – Article 34.4.1 and Article 34.3 of the Constitution – limitation by the Oireachtas of the scope of a constitutionally conferred right of litigants to appeal decisions of the High Court to the Supreme Court (and now the Court of Appeal) – s. 74(1) of the Court of Appeal Act 2014 – s.77(2) of the Medical Practitioners Act 2007 – section 5(3)(a) of the Illegal Immigrants (Trafficking) Act 2000 – section 16(11) of the European Arrest Warrant Act 2003 (as substituted by s. 10 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 – Dodd, Statutory Interpretation in Ireland, (Dublin, 2008) – unless excluded by s.12 the Court has an inherent jurisdiction to consider an application to extend time to pursue an appeal – Court has jurisdiction to consider an application to extend time to issue a notice of appeal – appellants formed a bona fide intention to appeal within 21 days from the making of the order – mistake made in relation to the relevant time period caused primarily by the relatively recent change to 28 days for an appeal to the Court of Appeal – time for notice of appeal to be lodged extended.