Judgment: 2023-06-14 · Court archive

Court of Appeal refuses request for hearing recording in misconduct complaint

The court said the applicant had not shown that access to the April hearing recording was necessary in the interests of justice.

Court of Appeal · [2023] IECA 149

Who, what, where, when and why

Who
  • Eric John Somers (Plaintiff)
  • William Kennedy (Defendant)
What

The court said the applicant had not shown that access to the April hearing recording was necessary in the interests of justice.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

The Court of Appeal has refused Eric John Somers’s application for the audio and typed transcript of a recording of a hearing on 20 April 2023, finding he had not established that access was necessary in the interests of justice.

The Court of Appeal has refused Eric John Somers’s application for the audio and typed transcript of a recording of a hearing on 20 April 2023, finding he had not established that access was necessary in the interests of justice.

The ruling, delivered on 14 June 2023, concerned the hearing of Somers’s earlier application for an extension of time to appeal a High Court order dismissing his claim. That extension application had been refused in a judgment delivered on 20 April 2023.

Somers said in a grounding affidavit that he sought the digital audio recording (DAR) records to further a professional misconduct complaint against William Kennedy to the Legal Services Regulatory Authority (LSRA). The court said he did not explain how the recording was relevant to that complaint.

In submissions before the Directions Judge, Somers said he wanted only the portion in which a panel member made observations during dialogue with him and Kennedy’s counsel. The court said he had not explained what those observations were or how they related to any ongoing complaint before the LSRA.

The court noted that Somers already had a written judgment. Applying the rule that access to a relevant court record may be permitted where the court considers it necessary in the interests of justice, it was not satisfied that the required necessity had been established.

The application came before the Directions Judge on 9 June and was referred to the panel for a ruling. Kennedy did not oppose it and took a neutral stance. The court refused the application and proposed making no order as to costs.

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