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Human Rights in Ireland
Promoting Human Rights in Ireland

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Lockdown Skeptics

The Daily Sceptic

offsite link News Round-Up Thu Aug 28, 2025 00:43 | Richard Eldred
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The post News Round-Up appeared first on The Daily Sceptic.

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The post US Companies Take Ofcom to Court Over “Unlawful” Censorship Under Online Safety Act appeared first on The Daily Sceptic.

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The post Unemployed Young People ? Is Millennial Parenting to Blame? appeared first on The Daily Sceptic.

offsite link Wind Farms Are Driving Up Electricity Bills, Admits Ofgem Wed Aug 27, 2025 17:36 | Will Jones
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The post Wind Farms Are Driving Up Electricity Bills, Admits Ofgem appeared first on The Daily Sceptic.

offsite link Calling Male Transgender Samurai Killer a Woman Was Accurate, Insists BBC Wed Aug 27, 2025 15:00 | Will Jones
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The post Calling Male Transgender Samurai Killer a Woman Was Accurate, Insists BBC appeared first on The Daily Sceptic.

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Voltaire Network
Voltaire, international edition

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offsite link Voltaire, International Newsletter N?127 Sat Apr 05, 2025 06:38 | en

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offsite link Voltaire, International Newsletter N?126 Fri Mar 28, 2025 11:39 | en

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Lay Litigant wins another Case in Supreme Court

category national | rights, freedoms and repression | news report author Saturday February 11, 2017 00:11author by Justin Morahan Report this post to the editors

Backdating of court order a factor in win

The rejection of a judicial review request could not be appealed because of the backdating of the High Court Order. Now the appeal is allowed.

On Friday 10 February 2016 lay litigant Kevin Tracey won a case in the Supreme Court in Dublin that allows him extra time to appeal a judicial review that he had been denied in 2008. The success in the Supreme Court means that he can now appeal the judgement and order made in the High Court by Judge McGovern.

On being denied leave in the High Court, Mr Tracey kept an assiduous eye on the Courts Service records to avail of a 21-day window of opportunity after the Order of the judge had been perfected. It is a rule of court that a litigant must institute an appeal within 21 days after the perfection date of the order. In this case, the order remained non-perfected over several months and after each inspection of the records, he filed an affidavit noting the non-perfection. Then suddenly, the order was perfected but backdated by nine months. The Courts Service said that this was an error. The 21-day opportunity for appealing the order was well past.

Efforts made to remedy the situation by requesting the DPP to agree to an extension of time failed as the DPP refused the request.

In the Supreme Court the Counsel for the State argued that Mr Tracey should have then brought an appeal to the Supreme Court; the Court however ruled that because of the exceptional circumstances of the case, including his serious illness (beginning in July 2010), it would be unfair to deny him the extra time - which it then granted.

The full judgement is at: http://www.courts.ie/Judgments.nsf/bce24a8184816f158025...ument

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