The Gazette 1995

GAZETIE

DECEMBER 1995

in the exercise of their public law functions.

(e) Grounds upon which such relief is sought: for example: The Respondent purported to discipline the applicant without allowing or permitting the applicant to attend the disciplinary hearing and refused

Ju..dge Kenny stated that cases in which certiorari may be granted should not be limited by reference to any formula or final statement ofprinciple. application for a declaration or injunction may also be made by means of an application for judicial review. Such relief will be granted if the court considers it" would be just and convenient to do ·~O. "Damages may be awarded to the applicant for judicial review where the applicant has (a) included in the statement in support of his or her application for leave, a claim for damages arising out of any matter to which the application relates; and (b) the court is satisfied that if the claim had been made in a civil action the applicant would have been awarded the damages. With the exception of planning appeals, an application for leave to apply for judicial review (the first stage in the process) by is made by motion ex-parte, in the High Court. The procedure is relatively straightforward grounded upon the following specimen document:

Certiorari is the most popular form of judicial review. Walsh J in The (State) Lynch v. Cooney [1982] IR 367 (a judicial review case) quoting Kenny J referred to "this great remedy of certiorari". Certiorari is the appropriate remedy in the public law domain in the following circumstances: • Where is a want or excess of jurisdiction e.g. no legal authority to make decision; • Where there is an error apparent on the face of the document recording the decision; • Where there is disregard of the essentials of justice e.g. where the elements of natural or constitutional justice were ignored in the procedure followed by the tribunal or body in question; The above list is not exhaustive. The flexibility of certiorari and its capacity for development should be noted. One our great judges, Kenny J observed in The (State) Healy v. Donoghue [1976] IR 325 at 364: "The cases in which this ... order of [certiorari] may be granted cannot and should not be limited by reference to any formula or final statement of principle, the strength of this great remedy is its flexibility." General Procedure There are two stages in the procedure for judicial review. First there is the application for leave to apply for judicial review and, where the leave to apply for judicial review is granted there is the second stage, the formal application for judicial review i.e. the substantive hearing. An • Where bias is demonstrated in the decision making process; • Where there is fraud.

to allow the applicant to be represented legally despite requests to do so;

(f) Name and registered pl.ace of business of solicitors for Applicant: (g) Applicant's address for service within the jurisdiction (if acting in person):

Dated this

day of

Signed:

Applicant/Solicitors

Secondly, an affidavit should accompany the above statement verifying the facts relied upon in the application for leave. Such an affidavit is set out in same format as the above document. If necessary in an emergency, a solicitor/applicant could seek the relief sought in the house of a High Court Judge. The statement and affidavit need not be typed in a true emergency but normally the solicitor obtains from the Central Office of the High Court a judicial review number before proceeding and then formally makes an ex-parte application normally on a Monday. After leave is granted (which it normally is if a person has a prima facie case) you bespeak the order granting leave and proceed by Notice of Motion for a date 14 days hence. Normally the case is adjourned periodically to allow the opposing party to submit a Statement of Opposition. Then a date is fixed for the substantive hearing. Further aspects of judicial review may be dealt with in subsequent issues of The Gazette •

THE HIGH COURT

JUDICIAL REVIEW

A.B. APPLICANT

and

C.D. RESPONDENT

(a) Applicant's name:

(b) Applicant's address:

(c) Applicant's description:

(d) Relief sought: for example: Certiorari,

Declaration, Damages, and such other relief as this honourable court shall deem appropriate;

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