Dolan v O'Hara
Jurisdiction | Northern Ireland |
Judgment Date | 01 January 1975 |
Date | 01 January 1975 |
Court | Court of Appeal (Northern Ireland) |
Time limit for transmission to Court of Appeal - Whether mandatory or merely directory - Whether jurisdiction of Court of Appeal ousted by delay - Magistrates' Court Act (Northern Ireland), 1964 (c. 21), s. 146 (8).
The requirement in s. 146, sub-s. 8, of the Magistrates' Courts Act (Northern Ireland), 1964, that a case should be transmitted to the Court of Appeal within fourteen days is mandatory and not directory. Davis v. DavisUNK C.A. (unreported), 19th June, 1972. Held per incuriam. (Per Lowry L.C.J.): A time limit is likely to be imperative where no power to extend time is given and where no provision is made for what is to happen if the time limit is exceeded. 2. Requirements in statutes which give jurisdiction are usually imperative. 3. Where the act is to be done by a third party for the benefit of a person who will be damnified by non-compliance, the...
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