Dolan v O'Hara

JurisdictionNorthern Ireland
Judgment Date01 January 1975
Date01 January 1975
CourtCourt of Appeal (Northern Ireland)
(C.A.)
Dolan
and
O'Hara

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...

To continue reading

Request your trial
16 cases
  • Re McGuckian (No 1)
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • 1 January 1994
  • Browne v Kerry County Council
    • Ireland
    • High Court
    • 9 October 2009
    ...LEGAL AID BOARD & ORS UNREP EDWARDS 6.10.2008 2008/42/9153 2008 IEHC 300 INTERPRETATION ACT 2005 S18(H) CONSTITUTION ART 43 DOLAN v O'HARA 1975 NI 125 MCCANN v BORD PLEANALA 1997 1 IR 264 1997 1 ILRM 314 1996/13/4086 2007/713JR - Hedigan - High - 9/10/2009 - 2011 3 IR 514 2009 IEHC 552 2......
  • Chief Constable of the Police Service of Northern Ireland v Mark Sean O'Donnell
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • 6 February 2008
    ...on the respondent within this time is a precondition to the Court’s jursidiction, in accordance with the decision in Dolan v O’Hara [1975] NI 125. [6] The application for a case stated was dated 4 May 2007, and allowing for 14 days from the decision of the Resident Magistrate the applicatio......
  • Re McGuckian (No 1)
    • United Kingdom
    • High Court (Northern Ireland)
    • 13 September 1994
    ...1 WLR 1423 Burford v Durkin (HMIT) TAX[1991] BTC 9 Craven (HMIT) v White ELRTAX[1989] AC 398; [1988] BTC 268 Dolan v O'Hara DNI[1975] NI 125 Eilbeck (HMIT) v Rawling ELR[1982] AC 300 Ensign Tankers (Leasing) Ltd v Stokes (HMIT) ELRTAX[1992] 1 AC 655; [1992] BTC 110 Fleming (HMIT) v London P......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT