The Supreme Court has dismissed Patrick Reen’s appeal against the High Court’s dismissal of his judicial review proceedings concerning earlier court decisions and disputes over family property in County Cork.
In a judgment delivered by Ms Justice Dunne on 18 October 2017, the Court said the judicial review claims were brought many years after the decisions Reen wanted to challenge. He had not sought an extension of time or given a reason for the delay. The Court found no basis to conclude that the High Court had erred in dismissing the proceedings.
Reen sought, among other reliefs, to quash a 1989 Circuit Court order concerning lands in Folio 260L, a 1993 Circuit Court order setting aside a 1983 transfer of Reen’s Public House and attached lands, and a 1994 High Court on Circuit order affirming the 1993 decision. He also sought to challenge the 1993 grant of letters of administration for his mother’s estate and sought orders concerning wills, property, assets and damages.
The earlier 1989 order declared his late sister Catherine Reen the full owner of lands in Folio 260L and restrained Patrick Reen from claiming or interfering with them. In 1993, the Circuit Court set aside the transfer of the public house and attached lands to Patrick Reen; the High Court affirmed that decision on appeal in 1994. The Supreme Court’s judgment recounted those prior decisions. It did not reconsider their merits in this appeal.
Dunne said judicial review was not an alternative appeal or a way to reopen litigation already concluded. The Court noted that the 1989 order had not been appealed, while the 1993 decision had been appealed and reheard on its merits. The judgment also said the parties most involved in the events, including Reen’s mother, sister and solicitor Donal Brendan O’Connell, had died, making a fair consideration of the underlying issues difficult.
Reen alleged that his sister and O’Connell lacked capacity and challenged their conduct. The Court said there was no medical evidence in the judicial review proceedings to support his assertions about O’Connell’s capacity, and it did not reach a concluded view on those issues. Dunne noted that separate proceedings concerning the validity of his sister’s will might be extant and said further comment would not assist.
At the Supreme Court hearing, Reen confirmed he was no longer pursuing an appeal concerning the Law Society’s removal from the case and was seeking no relief against State parties or Kevin J. White. The Supreme Court dismissed the appeal, leaving the High Court’s dismissal in place.