The Court of Appeal has refused two motions by Eric John Somers seeking extra time to appeal the High Court’s decision to strike out his damages action against Galway State solicitor William Kennedy.
Mr Somers had sued over alleged breaches of duty connected with his prosecution, conviction and sentencing. The High Court struck out the proceedings in full in February 2022, finding that the case disclosed no reasonable cause of action and was not justiciable or was subject to absolute privilege. It also made an order for Mr Kennedy’s costs, assessed as the costs of a motion rather than a plenary trial.
Mr Somers applied to the Court of Appeal on 7 December 2022, nearly nine months after the appeal deadline. He accepted that the High Court was right to strike out his action. His stated concern was that parts of the High Court judgment had affected a separate complaint he had made to the Legal Services Regulatory Authority (LSRA). The LSRA later found that complaint inadmissible.
The appeal court said Mr Somers had decided not to appeal within the permitted period. It found no basis to extend time simply to let him revisit that decision, citing the public interest in finality and the unfairness to Mr Kennedy of reviving the case after the delay. The court also found that Mr Somers had not identified an arguable ground of appeal against the strike-out decision.
Mr Somers later raised complaints about the High Court hearing, including the timing of the delivery of books of authorities and alleged unfairness in the judge’s conduct. The appeal court considered those points but concluded they did not establish an arguable appeal. It said Mr Somers’ purpose was to revive his LSRA complaint, which it held was not a proper purpose for an extension of appeal time.
The Court of Appeal refused both motions. It did not reopen or decide the merits of the LSRA complaint.