Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court dismisses statutory appeal from Circuit Court on a point of law, on the grounds that: (a) the findings of fact made by the Circuit Court were not unsupported by evidence, unreasonable or based on an incorrect interpretation of documents; (b) the question for determination upon a claim of racial discrimination was not whether the procedure adopted by the first respondent was subjectively fair, but rather whether the procedure applied to the appellant differed from the approach applied to other complainants generally; and (c) the Circuit Court was entitled to conclude, on the evidence presented, that the appellant had failed to establish even a prima facie case of discrimination.
Appeal from the Circuit Court on a point of law pursuant to s. 28(3) of the Equal Status Act 2000 - complex procedural history - refusal by Legal Aid Board to grant legal aid certificate to the appellant in respect of family law proceedings - complaint by appellant to first respondent, which upheld Legal Aid Board's decision - appellant then made complaint against first respondent to Workplace Relations Commission on grounds of alleged discrimination pursuant to the 2000 Act - Workplace Relations Commission dismissed complaint and appellant then appealed this decision to the Circuit Court where his appeal was also dismissed - statutory appeal circumscribed to point of law - appellant alleges that he was discriminated against on the basis of race or ethnicity - whether this gave rise to an issue of law - whether Circuit Court had properly approached the evidence - whether appellant had made out prima facie case that he had been treated differently on the grounds of race.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now