The Court of Appeal has refused Noel Long’s application for a copy of the court recording transcript in connection with his application for leave to appeal to the Supreme Court.
In a judgment delivered on 20 January 2017, the President said the transcript, known as the DAR, was separate from the leave application and was not required to support it. The application papers had already been lodged with the Supreme Court Office, and the decision on whether to hear an appeal was now for the Supreme Court.
Long sought the transcript because he said it would help him prepare his application and any appeal if leave were granted. His underlying proceedings challenged how Bord Bia, described in the judgment as a national accreditation body, implements Regulation EC 765/2008.
The High Court struck out Long’s proceedings on 25 March 2015. On 8 November 2016, the Court of Appeal upheld that decision, finding that he lacked standing to pursue his complaints and that they were bound to fail regardless.
The President noted that an application for leave must state the constitutional grounds relied on and the grounds of any proposed appeal, but there was no requirement to include a transcript or transcript references. The Supreme Court could request the transcript if it needed one to decide leave or consider the case after leave was granted.
The ruling concerned only Long’s request for the transcript. The President refused that application, stating that obtaining the DAR was irrelevant to the leave application. The judgment did not decide whether the Supreme Court would grant leave to appeal.