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Court of Appeal dismisses appeal of High Court order striking out proceedings seeking to impugn a nomination to the position of President of the High Court on the grounds that they are bound to fail and constitute an abuse of process, finding that the nomination was an executive decision of the Government, and therefore cannot be interfered with by the courts, having regard to the separation of powers and the Constitutional protection given to cabinet confidentiality.
Practice and procedure – appeal of High Court order dismissing proceedings that are bound to fail and constitute an abuse of process – jurisdiction to strike out – Order 19, rule 28 of the RSC – appellant sought declaration that Kelly J. does not comply with s. 16(7)(b) of the Courts and Court Officers Act, 1995 and is unfit for the office of President of the High Court – legal provisions relating to the appointment of Judges – Article 35.1 of the Constitution – s. 3(1) of the European Convention on Human Rights Act 2003 – litigation was instituted and was conducted primarily for the improper purpose of exciting adverse and damaging publicity – cabinet confidentiality – separation of powers and non-justiciability – appeal dismissed.
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