Central Bank and Credit Institutions (Resolution) Act 2011
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Limitation of judicial review of the Assessor’s determination. |
44.— (1) Leave shall not be granted for judicial review of the Assessor’s determination under section 40 or any other decision in relation to compensation unless— | |
(a) either— | ||
(i) the application for leave to seek judicial review is made to the Court within 14 days after the Assessor’s report to the Bank, or, in the case of an application brought by an applicant other than the Bank, 14 days after the publication of that report under section 42 (4), or | ||
(ii) the Court is satisfied that— | ||
(I) there are substantial reasons why the application was not made within that period, and | ||
(II) it is just in all the circumstances to grant leave, having regard to the interests of other affected persons and the public interest, | ||
and | ||
(b) the Court is satisfied that the application raises a substantial issue for the Court’s determination. | ||
(2) The Court may make such order on the hearing of the judicial review as it thinks fit, including an order remitting the matter back to the Assessor with such directions as the Court thinks appropriate or necessary. | ||
(3) This section applies to the Bank in the same manner as it applies to a creditor who has or claims a right to compensation. |