Burke v Lynch & Ors [2016] IESC 38 (12 July 2016)

Burke v Lynch & Ors [2016] IESC 38 (12 July 2016)

There was no error by the High Court in refusing leave for judicial review as the delivery of reminder letters by Gardaí through an open door did not warrant certiorari or an injunction, and judicial review was not the appropriate remedy for the relief sought.

Citation
[2016] IESC 38
Parties
Applicant/appellant: John A. Burke; Respondents: Robert Lynch and Others under Superintendent Tipperary Garda Station and the Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
12 July 2016
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From Refusal of Leave to Apply for Judicial Review
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Service of Legal Documents, Police Powers, Injunctions
Administrative Law Criminal Law Judicial Review Service of Legal Documents Police Powers Injunctions

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Parties

John A. Burke

Applicant/appellant

Robert Lynch and Others under Superintendent Tipperary Garda Station and the Director of Public Prosecutions

Respondents

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From Refusal of Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the High Court erred in refusing leave to apply for judicial review regarding Gardaí delivering fine notices to the appellant's house
  2. 2 Whether judicial review is the appropriate mechanism to restrain Gardaí from entering the appellant's home to deliver documents

Ratio Decidendi

There was no error by the High Court in refusing leave for judicial review as the delivery of reminder letters by Gardaí through an open door did not warrant certiorari or an injunction, and judicial review was not the appropriate remedy for the relief sought.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No leave granted for judicial review