The High Court has granted Donegal County Council leave to appeal to the Court of Appeal over whether a summons could be issued on the application of “V.P. McMullin”, described in the case as a firm of solicitors and an unincorporated body of persons.
The decision, delivered by Mr Justice Conleth Bradley on 29 May 2024, concerns a consultative case stated from the District Court. In an earlier judgment, the High Court answered that section 1 of the Courts (No. 3) Act 1986 did not authorise the issue of a summons on that application.
The council, as prosecutor, argued that the earlier ruling should be appealed. Its proposed grounds included that the statutory meaning of “person” could include an unincorporated body, that the 1986 Act did not expressly displace that meaning, and that the interpretation adopted was inconsistent with the Act’s administrative process. It also argued that the Court of Appeal could reach a different conclusion, particularly as there was no previous authority, and that legal writs are often issued in a firm’s name.
The Attorney General, joined as a notice party for the leave application, supported the council’s request. The accused took a neutral position on the council’s application, but opposed the notice party’s submissions insofar as they sought leave independently or advanced additional grounds.
Justice Bradley said the applicable threshold was relatively low: whether a stateable basis for appeal had been established. He found the council’s grounds met that threshold. He limited his consideration to those grounds and the facts found by the District Court judge, and said the ultimate merits were for the Court of Appeal to decide. The council may add grounds after leave is granted.
The order grants the prosecutor leave to appeal the High Court’s determination of the legal question. It does not reverse that determination or decide the appeal. The court listed the matter for mention on 14 June 2024 to address costs and any further ancillary or consequential matters. The accused had previously been awarded the costs of the consultative case stated application, stayed pending an appeal application.