Civil appeals to the Circuit Court

FreudianSlippers

Just to clarify something here if possible.

If appealing a civil matter from the District Court to the Circuit Court, it's a full rehearing of the matter, so the CC is not therefore limited to the €6,348 and change jurisdiction of the DC correct?

I'm almost positive this is correct, but I'm in a disagreement and cannot find it in the rules

dermot_sheehan

It is limited to €6,350 since that was the amount claimed in the district court and which is appealed from. The Circuit Court's appellate jurisdiction is limited to affirming and varying an order that could have been made by the district court at first instance.

FreudianSlippers

dermot_sheehan wrote: »

It is limited to €6,350 since that was the amount claimed in the district court and which is appealed from. The Circuit Court's appellate jurisdiction is limited to affirming and varying an order that could have been made by the district court at first instance.

Thanks for that. I thought it was a de novo appeal for some reason.

Do you know where that is in the rules?

dermot_sheehan

It is a de novo appeal, but by virtue of being an appeal the court can't award more than the court at first instance could of. If for example the Circuit Court gave a decree for lets say 20,000 while hearing a district court appeal, that would be the circuit court exercising it's jurisdiction at first instance since the district court could never have made that order and a right of appeal to the High Court would follow.

If you're asking me where in the courts acts or rules does it say this, I don't know. I just know the appellate jurisdiction of a court hearing a de novo appeal is limited to an award that could have been made by the court appealed from.

FreudianSlippers

dermot_sheehan wrote: »

It is a de novo appeal, but by virtue of being an appeal the court can't award more than the court at first instance could of. If for example the Circuit Court gave a decree for lets say 20,000 while hearing a district court appeal, that would be the circuit court exercising it's jurisdiction at first instance since the district court could never have made that order and a right of appeal to the High Court would follow.

If you're asking me where in the courts acts or rules does it say this, I don't know. I just know the appellate jurisdiction of a court hearing a de novo appeal is limited to an award that could have been made by the court appealed from.

Thanks... now that I'm thinking about it you must be correct. Damn, hate being wrong - I'll have to go back with my tail between my legs now!

Tom Young

Order 41 CCR, says it all. You can also appeal on a point of law.

FreudianSlippers

40 is Interpleader and I looked at 41 but it's not there.

Order: 41

Appeals from the District Court
1. When an appeal is taken from any decision of the District Court in accordance with the Rules of that Court, the Clerk of such Court shall transmit to the County Registrar:C

(i) In civil cases:C

(a) the original summons, Civil Process or other document by which the proceedings have been instituted;

(b) the original notice of appeal;

(c) the original or statutory declaration of service of the notice of appeal;

(d) the recognizance (if any);

(ii) in criminal cases:C

(a) a certified copy of the conviction or order;

(b) the original notice of appeal;

(c) the depositions (if any);

(d) the statement of the accused in writing (if any); and

(e) the recognizance (if any);

(f) the original summons or other document by which the proceedings have been instituted;

(g) the bond or other security given in the District Court (if any);

(iii) in licensing cases:C

a certified copy of the Certificate or Order of the Judge from which the appeal is taken, and the original document by which the proceedings have been instituted.

2. The hearing shall take place at the Sitting which is held in the nearest town in the Circuit to the Courthouse at which the decision appealed from was given, unless the Judge shall otherwise order.

3. If so directed by the Court, the original decree or dismiss or a certified copy thereof shall be produced on the hearing of the appeal by the appellant.

4. If an appeal is not prosecuted, the Judge may order the party appealing to pay to the party receiving notice of appeal such costs and expenses as to the judge shall seem just.

5. Whenever an appeal in a criminal case from a justice of the District Court to a Judge of the Circuit Court shall not have been prosecuted, or the original Order shall have been confirmed or varied on appeal, or either party shall upon appeal have been ordered to pay a specified sum for costs, the Judge may direct the issue by the County Registrar of all warrants necessary and proper for the execution of the original Order or of such varied Order and to enforce the payment of such costs.

6. Where the Order of the Judge of the District Court, as confirmed or varied on appeal, directs the imprisonment of any person the Judge may, upon confirming or varying the said Order, or at any time before the issue of a warrant by a Judge of the District Court, or by the County Registrar, for the execution of such Order so varied or confirmed, direct that such person be taken into custody forthwith, or detained in custody, and imprisoned pending the issue of such warrant.

7. In cases in which jurisdiction has been conferred upon the District Court by Section 77A of the Courts of Justice Act, 1924 the Court may issue the instrument necessary to enforce its decision, or may allow the same to be issued by the District Court in accordance with Section 23 of the Courts of Justice (District Court) Act, 1946.

8. The County Registrar shall certify to the Clerk of the District Court from which the appeal was taken the purport of every order made by the Court on appeal, and shall return to the said clerk the original summons, Civil Summons or other documents by which the proceedings have been instituted.

9. The Court may, upon such terms (if any) as it may think reasonable extend the time for all appeals to be taken pursuant to the provisions of the Rules of this Order.

Rule 7 refers to the District Court jurisdiction in s77A of Courts of Justice Act 1924 but it's far from clear what they're saying IMO. Or is it inferred by the "in accordance with the Rules of that Court" in Rule 1?

Tom Young

Sorry I meant 41. Woops. Try section 22 Courts (Supplemental Provisions) Act 1961?

FreudianSlippers

I didn't see anything there either, checked section 33 of that act too. hm.

I accept what's being said as true, but what baffles me is that it just doesn't seem to actually say that anywhere. I had a look through Dowling's book and the consolidated rules. It confirms that they are limited to DC jurisdiction, but it doesn't say why.

Jo King

If the case was worth more than 6350 Euro in the first place, it should have been started in the Circuit Court. By starting in the District Court there is an admission that the claim is not worth more than 6350 euro. An appeal court is basically asked to judge that the lower court got wrong and to do what the lower court should have done in the first place.