Next steps after receiving leave to Appeal
- Where leave to appeal has been granted, the appellant files a Notice of Intention to Proceed with Appeal. This must be done within 7 days of the determination. The appellant is the person or organisation that files an appeal
- The appellant must then prepare and file written submissions setting out their reason as to why the decision being appealed is wrong and should be reversed
- The respondent must prepare and file written submissions setting out why the order under appeal is right and should be upheld
- The written submissions are reviewed by the judge assigned to hear the appeal before the oral hearing is held
- When written submissions are filed, a case management hearing is arranged and the parties file a joint document setting out matters to be addressed by the case management judge
- Issues like the duration of the oral appeal are also determined, and the case management judge may issue directions relating to any further documentation as necessary
Preparation for your case management hearing
A case managment booklet must be filed by the appellant no later than 4 days before the first case management hearing date. 3 copies are required. You can also file your application by post or use the dropbox in the Court Office.
Case Management Booklet
The booklet must be tabbed have an index, page numbers and include:
- The order being appealed
- The judgment being appealed
- Any other relevant judgments or orders from the lower courts
- The notice of application for leave to appeal
- The notice of appeal, including any cross‑appeal by a respondent relating to the same judgment or order
- Any respondent’s notice that has been filed
- The Court’s written determination granting leave to appeal
- The notice of intention to proceed
- The appellant’s written submissions
- The respondent’s written submissions
- The joint document the parties must file before the case‑management hearing (the one mentioned earlier in paragraph 19(d))
- The booklet must also leave enough space to add any extra documents the case‑management judge may require later, such as a statement of facts or a list of issues
What happens at your case management hearing
At your case management hearing, the judge will:
- Check that the submissions stay within the scope of the appeal
- Amend the grounds of appeal if needed
- Give directions about documents
- Allocate a time and date for your appeal hearing
- Decide if further case‑management hearings are necessary
Documents to be filed after the hearing
The appellant must file booklets of appeal 14 days before the hearing of the appeal in hard copy and soft copy unless otherwise directed by the judge. You can also file your application by post or use the dropbox in the Court Office.
Number of booklets to be filed
Unless otherwise directed by the case management judge the number of copies of booklets of appeal required are:
- In a case to be heard by a Court of 3 judges, 5 books
- In a case to be heard by a Court of 5 judges, 8 books
- In a case to be heard by a Court of 7 judges, 10 books
What should be included in booklets of appeal
- The core book of appeal (the case management booklet which should include statement of case)
Please see our Preparation for your hearing and case management page for further information. The booklet must be tabbed, have an index and page numbers.
2.the booklet of pleadings
This should include only documents still relevant to the issues on appeal. The booklet must be tabbed. have an index and page numbers.
3.the booklet of trial documents
- Pleadings: The summons, Statement of Claim, and Defence
- Criminal Cases: Indictments, transcripts of opening/closing speeches, key evidence, and relevant rulings
The booklet must be tabbed, have an index, page numbers.
4.Booklets of Authorities
A core booklet of authorities should be tabbed. have an index, page numbers and include:
- Any relevant provisions from the Constitution
- Any relevant statutory provisions
- Irish authorities set out in chronological order
- Any international authorities
- Relevant extracts from text books, learned journals, and reports
- Where a case has been reported in the official reports, this is the only report to be included
- A list of transcript references if there will be significant references to the transcripts
You should know that requirements for the book of authorities will change depending on the case and the judge's direction.
The remaining materials and authorities should be in additional booklets and contained in files clearly labelled and numbered.
5. any other booklet or document directed to be filed by the case management judge.
The booklet must be tabbed, have an index and page numbers.
Time, date and location of hearing
The time, date and location of your appeal will have been allocated at your case management hearing. You can find details of all upcoming hearings in the legal diary.
About your hearing
At the oral hearing, each side is given a set amount of time to present their arguments.
Throughout the hearing, the Judge may direct questions to both parties.
The Supreme Court typically reserves its judgement, upon hearing both parties' arguments. This means that the Courts' decision is typically issued at a later date.
What the court may do
- refuse appeal
- grant appeal on all grounds
- grant appeal on specific grounds
Next steps after hearing
Deliberation
Once the oral hearing has concluded, the judges who heard the appeal meet to deliberate in what is known as a case conference. This is attended by judges only. Due to the importance and the complexity of the appeals to be determined, it is often necessary for the judges to hold numerous case conferences to discuss the appeal and reach a decision. Each judge arrives at his or her decision independently of the other members of the Court.
As the Court sits in odd numbers of 3, 5 or 7, a decision is reached either unanimously or by majority.
Delivery of the Court's Judgment
When the Supreme Court makes its decision, it writes the judgment down in a formal document. The judgment explains the reasons why the appeal has been allowed or refused.
Each judge may write their own judgment. If several judges agree, their judgments together form the majority decision.
If a judge disagrees with the others, they may write a separate judgment explaining why. Sometimes, instead of several judgments, the Court issues one single judgment written for all the judges. In that situation, the most senior judge on the panel reads it out.
If the judgment is reserved for longer than 2 months, the matter goes in for statutory mention. This is in the form of a remote hearing.
The Court meets again and delivers the judgment in front of the parties. After that, the Court deals with any remaining issues, such as who must pay the legal costs.
If required, there may be another court date to address the issue of costs.
The written judgment is handed out to the parties by hard copy and published on the Court’s website.
The Court also publishes a short information note that explains the main issues and the outcome. This is only a helpful summary, it is not an official legal interpretation of the judgment.
Decisions of the Supreme Court can be accessed here.
