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That matter was then, apparently, mentioned in the Supreme Court in a very hurried and brief mention and I have been told about that and have made arrangements yesterday following these events to hear an application for leave to bring the proceedings and this must be preceded, as already indicated, by an application to extend the time. The hearing yesterday continued all day and I was greatly assisted by the comprehensive submissions of counsel.
The Chief Justice in the Supreme Court reference case on the Illegal Immigrants Trafficking Act Section 5(2) said with reference to the case of R �V- Stratford-on-Avon District Council ex parte Jackson ([1985] Volume 1 WLR 1319), as follows:
Secondly, Finnegan J, as he then was, in GK �V- The Minister for Justice ([2002] ILRM:1:81) said at page 86:
Thirdly, Finnegan J. further in the context of determining personal blameworthiness distinguished the situation where a delay on the part of a private solicitor occurs and where he can be sued and damages procured, which would eliminate the loss to the applicant form the situation where his delay might be a remote cause of her being deported to a state in which her fundamental human rights would not be vindicated and which loss would not be remedied.
Fourthly, he emphasised in the same case that the Court should first consider the litigant's personal blameworthiness.
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