A Supreme Court appeal concerning a 21-day deadline for challenging a Solicitors Disciplinary Tribunal finding was made out of time, Justice Woulfe said in a judgment delivered on 29 November 2023. He would have dismissed the appeal, concluding that the court had no power to extend the deadline.
Justice Woulfe agreed with Justice Murray’s conclusion that the appeal was made outside the period set by section 7(12B) of the Solicitors (Amendment) Act 1960. He also adopted Justice Murray’s account of the facts and proceedings in the lower court.
The appeal raised a separate question: whether the statutory provision allowed the court to extend the 21-day period. On that issue, Justice Woulfe disagreed with the majority. He reasoned that a requirement that an appeal “shall be made” within 21 days meant it could not be brought later, and said the legislation contained no provision giving the court power to extend the time.
The appellant had relied on Law Society of Ireland v Tobin, a Court of Appeal decision concerning a 21-day appeal period. Justice Woulfe considered that case distinguishable because it involved a constitutionally guaranteed appeal from the High Court to the Court of Appeal. The appeal in this case, he said, was a statutory right to challenge a tribunal decision in the High Court, with no equivalent constitutional guarantee.
Justice Woulfe said his view was consistent with other decisions concerning statutory appeal deadlines. He also warned that the majority’s interpretation could create uncertainty in professional regulation, where fixed appeal periods and finality matter.
The judgment excerpt records Justice Woulfe’s individual conclusion that the appeal should be dismissed. It does not set out the majority’s full reasoning or the court’s formal order. Justice Woulfe said he reached his conclusion with reluctance given the background circumstances, which the excerpt does not detail.