The High Court refused a judicial review application challenging a Circuit Court maintenance order and seeking to prevent a long-delayed appeal against a three-month prison sentence from being heard.
The applicant sought to quash orders made on 11 and 17 December 2009, which required him to pay maintenance and arrears to the notice party. He also sought to stop any Circuit Court judge hearing his appeal against the sentence imposed after he failed to comply with a maintenance order.
Ms Justice Irvine found that the Circuit Court had jurisdiction to make the December 2009 maintenance order. Although the order had the practical effect of increasing payments set under an earlier order, the judge concluded that the Circuit Court was exercising its separate, original jurisdiction under the Family Law (Maintenance of Spouses and Children) Act 1976. The applicant’s jurisdictional challenge therefore failed.
The applicant also argued that short notice of the maintenance application had left him unable to defend it. The judge found he had received formal notice and had not shown that the expedited hearing caused him prejudice. He had not said that he sought an adjournment to obtain evidence.
The second part of the application concerned the applicant’s appeal against the severity of the sentence, which had remained outstanding for about four years. The judge said the appeal was limited to sentence, rather than a rehearing of the underlying case. The applicant would be able to present evidence relevant to his financial circumstances and reasons for non-payment when the sentence was imposed.
The judgment noted that the applicant had not shown that he had tried to secure an earlier hearing or that the notice party had delayed it. It also found he had not identified missing witnesses, documents or other specific prejudice caused by the passage of time. The judge concluded that the delay did not create a real risk of an unfair appeal.
The court had already struck out the Attorney General as a respondent, with no order as to costs. In the final order, the High Court refused the relief sought. It did not determine the sentence appeal itself, which remained for the Circuit Court to hear.