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Thomas Kearney refused Supreme Court appeal in Bank of Scotland case

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Supreme Court extended time for his application because of his ill-health, then found his appeal raised no issue of general public importance.

The Supreme Court has refused Thomas Kearney leave to appeal in his case against Bank of Scotland plc and Patrick Horkan, on 3 November 2015.

Mr Kearney, who represented himself, wanted to appeal a Court of Appeal decision of 23 February 2015.

That court had refused to extend the time he needed to appeal a High Court order of 18 November 2014.

The Court of Appeal noted that Mr Kearney did not attend the High Court hearing that had been fixed.

It said the High Court President could hardly have done other than strike out his action.

It accepted that he intended to appeal in time and made a mistake, but found no arguable ground of appeal.

The Court of Appeal also ordered him to pay the respondents' costs of that motion.

The Supreme Court first extended time for his application, citing his ill-health and that he had no lawyer.

Mr Kearney argued that some judges had not honoured the constitutional declaration judges make on taking office.

Bank of Scotland and Mr Horkan opposed the application.

The Supreme Court was not satisfied that the decision raised a matter of general public importance.

Nor was it satisfied that an appeal was necessary in the interests of justice.

It said Mr Kearney had already had an appeal to the Court of Appeal, which was decided.

It found his application raised no issues within the Supreme Court's jurisdiction.

Sources

Source: Courts Service of Ireland. Read the linked determination for the court’s exact decision.

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