Ireland: Civil appeals from the Circuit Court—High Court rehearings, county registrar decisions, and consultative cases stated to the Court of Appeal; statutory framework, procedure, time limits, evidence and stays

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Practice notes

This Practice Note reviews ordinary appeals from the Circuit Court to the High Court, setting out the statutory entitlement to appeal together with the key principles and considerations. It also looks at the functions of the county registrar and the issue of appeals arising from their decisions. Finally, it considers the Circuit Court’s jurisdiction to state a case to the Court of Appeal, explains the nature of the case stated procedure, and offers a brief overview of the relevant considerations...

Appealing from the Circuit Court to the High Court

Statutory right to appeal to the High Court

An appeal from the Circuit Court reaches the High Court only where legislation permits; there is no inherent appellate jurisdiction, and any right of appeal arises solely under statute. The relevant provisions are ss 34–38 of the Court of Justice Act 1936 (Ireland) (CJA 1936 (IRL)), as amended. The CJA 1936 (IRL) draws a distinction between appeals following a Circuit Court determination without oral evidence and those where oral evidence was heard. Practitioners should note that ss 37 and 38 of the CJA 1936 (IRL) were amended by ss 96 and 98 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 (Ireland) (CCLMPA 2013 (IRL))...

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James Hewson , BL

Bar of Ireland

Qualified in 2019 and regularly practise in many areas of law, including employment law, workplace investigations, Circuit Court and High Court cases involving general civil law, equity, land law and personal injuries and torts generally. ...

Web page updated on 29/05/2026

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