G -v- The Child and Family Agency [2018] IESC 28 (29 June 2018)

G -v- The Child and Family Agency [2018] IESC 28 (29 June 2018)

The Supreme Court held that the doctrine of res judicata does not strictly apply to ex parte leave applications for judicial review, but a second application may constitute an abuse of process if it is based on the same material and circumstances as the first. The Court found that the letter of 27 January 2016 from the Child and Family Agency did not constitute a binding decision amenable to judicial review, but was merely an explanation of existing arrangements. The Court concluded that the High Court was correct to refuse the reliefs sought and dismissed the appeal.

Citation
[2018] IESC 28
Parties
Applicant/appellant: F. G.; Respondent/respondent: The Child and Family Agency
Jurisdiction
Ireland
Judgment Date
29 June 2018
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Reliefs Sought Via Judicial Review
Outcome
Appeal dismissed
Legal Topics
Care Orders, Access Arrangements, Judicial Review, Res Judicata, Abuse of Process, Amenability to Judicial Review
Family Law Administrative Law Child Law Care Orders Access Arrangements Judicial Review Res Judicata Abuse of Process +1 more

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Parties

F. G.

Applicant/appellant

The Child and Family Agency

Respondent/respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Reliefs Sought Via Judicial Review

Legal Issues

  1. 1 Whether an earlier refusal of leave to seek judicial review renders subsequent applications res judicata or an abuse of process
  2. 2 Whether the letter of 27 January 2016 from the Child and Family Agency was a decision amenable to judicial review
  3. 3 Whether the matter should be remitted for a full hearing in the High Court on substantive issues

Ratio Decidendi

The Supreme Court held that the doctrine of res judicata does not strictly apply to ex parte leave applications for judicial review, but a second application may constitute an abuse of process if it is based on the same material and circumstances as the first. The Court found that the letter of 27 January 2016 from the Child and Family Agency did not constitute a binding decision amenable to judicial review, but was merely an explanation of existing arrangements. The Court concluded that the High Court was correct to refuse the reliefs sought and dismissed the appeal.

Court Disposition

Appeal dismissed