A Statutory Appeal refers to an appeal of a decision of a body which has been set up by statute to exercise particular powers.

A Statutory Appeal refers to an appeal of a decision of a body which has been set up by statute to exercise particular powers.  Statutory Appeals are dealt with by Order 84C of the Rules of the Superior Courts.

The most common appeals relate to decisions delivered by:

  • Commissioner for Environment Information
  • Financial Services Ombudsman
  • Information Commissioner (Freedom of Information)
  • Labour Court
  • Pensions Ombudsman
  • Residential Tenancies Board
  • Property Registration Authority
  • Private Security Appeal Board

Unless otherwise set out in legislation appeals must be issued no later than 21 days from the date of receipt of the decision. The letter received from the State body may provide the timeframe for an appeal.

An appeal is made by filing an originating notice of motion with a grounding affidavit in the High Court Central Office.  The notice of motion must be stamped with the relevant court stamp duty  currently €190 and €20 respectively.

Once the notice of motion is filed and issued you will be given a return date (next date to appear in Court).   A copy of the notice of motion and affidavit must be served on the respondent (the other party in the proceedings).

Sample documents required for a statutory appeal:

Originating Notice of Motion

Affidavit