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No amenable point of law identified on appeal in claim for unlawful discrimination

By: James Cross BL

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High Court dismisses appeal on a point of law in proceedings in which appellant brought a complaint of unlawful discrimination, on the grounds that the appeal failed to identify an amenable point of law and the Court had no basis to say that the findings of fact made by the Circuit Court were unsupported by evidence, unreasonable or based on an incorrect interpretation of documents.

Appeal from the Circuit Court on a point of law - complaint of discrimination which the Appellant had made to the Workplace Relations Commission - email exchange - contends that he was unlawfully discriminated against - he proposed to rely on a housing assistance payment to pay for the proposed letting – on the grounds of race - High Court only has a very limited jurisdiction to review findings of fact on an appeal on a point of law – procedural history – appeal on a point of law – failed to comply with procedural requirements – burden of proof – complaint dismissed by WRC and Circuit Court on the narrow factual ground that he did not have a bona fide intention to avail of the “service” at issue, namely the short-term letting of the Premises – no point of law amenable to appeal – no jurisdiction to overturn findings of fact - no basis for saying that the findings of fact made by the Circuit Court were unsupported by evidence, unreasonable or based on an incorrect interpretation of documents – findings open to the Court – appeal dismissed

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