UPDATE ON CONSTITUTIONAL CHALLENGE TO THE CHILDREN’S REFERENDUM

In December 2013, we represented Ms Joanna Jordan in her High Court challenge to the outcome of the Children’s Referendum, specifically in relation to the constitutionality of the Referendum Act 1994. The Court has not as yet determined the case. However, we were notified this week that judgment will be given by Mr Justice McDermott this Friday 20th June and we will post a further update once we have received the judgement. 

Readers may recall that a related challenge was heard in the High Court in May 2013. Mr Justice McDermott determined that matter in late October 2013 and declined to grant our client’s petition to annul the provisional referendum certificate. We subsequently lodged a Supreme Court appeal and obtained priority but this appeal has not yet been listed for hearing. 

For further background, please see our previous posts here, here and here. 

Rebecca Keatinge
Brophy Solicitors

SUPREME COURT APPEAL IN REFERENDUM CHALLENGE

Brophy's Law Blog

We act for petitioner Ms Joanna Jordan in her challenge to the outcome of the Children Referendum. We attended the High Court last Friday when Mr Justice McDermott gave his judgment in this important case. 

Mr Justice McDermott granted leave for our client to present her petition to challenge the provisional referendum certificate. He accepted that the petitioner had established a fair bona fide issue to be tried. He was also satisfied that the petitioner had raised a serious issue to be tried that the government information campaign had the potential to materially affect the result of the Referendum as a whole. 

Mr Justice McDermott declined however to grant the petition. The Judge was not satisfied that on the balance of probabilities the evidence showed that the wrongful conduct of the Government in their information campaign materially affected the result of the Referendum as a whole. 

Last Friday, we confirmed our petitioner’s instructions to appeal the decision of Mr Justice McDermott to dismiss the petition. We immediately sought a stay on the Order of the High Court to enable our client to lodge her Notice of Appeal with the Supreme Court. The stay was essential in order to avoid the provisional referendum certificate being confirmed and the Amendment to the Constitution passing into law. In such circumstances, our client would have been denied a right to appeal and her challenge would have been moot. 

The High Court granted us a stay on the Order for a period of two weeks. Today, Thursday, we filed a Notice of Appeal with the Supreme Court on behalf of the petitioner. We also made a application for a priority hearing to the Supreme Court this morning, that was granted by Chief Justice Denham. Chief Justice Denham confirmed that the stay will be extended until the conclusion of the Supreme Court appeal. Unfortunately the Court indicated this morning that the hearing of the Supreme Court appeal will not take place until 2014.

Brophy Solicitors

DECISION IN CHILDREN REFERENDUM CHALLENGE DUE THIS FRIDAY

We act for petitioner Ms Joanna Jordan, from Dún Laoghaire, Co Dublin, in her challenge to the outcome of the Children Referendum. This case concluded on 17th May 2013 after a 14 day hearing in the High Court. Mr Justice McDermott reserved his judgment on that date. We have now been informed that a decision will be handed down in this important case this Friday, 18th October 2013. We will provide a full update on the decision next week. 

Rebecca Keatinge

Brophy Solicitors