James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 59:

In page 16, between lines 32 and 33, to insert the following:

“Amendment of section 37 of Act of 1936

30.Section 37 of the Act of 1936 is amended by the insertion of the following subsection after subsection (2):

“(3) The judge hearing an appeal under this section may, if he or she so thinks proper on the application of any party to such appeal, refer any question of law arising in such appeal to the Court of Appeal by way of case stated for the determination of the Court of Appeal and may adjourn the pronouncement of his or her judgment or order on such appeal pending the determination of such case stated and may pronounce his or her said judgment or order at any time after such determination.”.”.

Amendment No. 59 inserts a new subsection (3) into section 37 of the Courts of Justice Act 1936. The latter provides for appeals from the Circuit Court to the High Court. This amendment addresses an anomaly identified by the Supreme Court in Irish Life and Permanent plc v.Dunne, where there was no express provision to allow the High Court, when hearing appeals under section 37 where no oral evidence was given before the Circuit Court, to refer such appeal as a case stated. While the court interpreted the 1936 Act in order that a case stated could be referred under section 37, it would appear prudent to amend the Act to clarify the position.