T.D.I. Metro Ltd. v. Delap [2000] IESC 53 (31st March, 2000)

T.D.I. Metro Ltd. v. Delap [2000] IESC 53 (31st March, 2000)

The Attorney General does not have a general right to intervene in any proceedings but may be joined as a party at the appeal stage where there is a clear public interest, such as the prosecution of offences by statutory bodies, and where the court, in its discretion, considers it appropriate. In this case, the public interest in the prosecution of offences and the Attorney General's constitutional role justify his joinder for the appeal.

Citation
[2000] IESC 53
Parties
Applicant/respondent: TDI Metro Limited; Applicant/respondent: Patrick Halligan; Respondent: District Judge Delap; Notice Party/appellant: Fingal County Council; Intervener: Attorney General
Jurisdiction
Ireland
Procedural Posture
Judicial Review and Appeal / Supreme Court Motion to Intervene on Appeal
Outcome
Attorney General granted liberty to intervene and joined as a party to the appeal.
Legal Topics
Joinder of Parties, Prosecution of Offences, Attorney General's Role, Statutory Interpretation, Public Interest Intervention
Administrative Law Criminal Law Constitutional Law Joinder of Parties Prosecution of Offences Attorney General's Role Statutory Interpretation Public Interest Intervention

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

TDI Metro Limited

Applicant/respondent

Patrick Halligan

Applicant/respondent

District Judge Delap

Respondent

Fingal County Council

Notice Party/appellant

Attorney General

Intervener

Procedural Posture

Judicial Review and Appeal / Supreme Court Motion to Intervene on Appeal

Legal Issues

  1. 1 Whether the Attorney General should be granted liberty to intervene and be joined as a party at the appeal stage in proceedings concerning the prosecution of indictable offences by a local authority.
  2. 2 Whether the Attorney General has a general entitlement to intervene in proceedings where issues of public concern arise.

Ratio Decidendi

The Attorney General does not have a general right to intervene in any proceedings but may be joined as a party at the appeal stage where there is a clear public interest, such as the prosecution of offences by statutory bodies, and where the court, in its discretion, considers it appropriate. In this case, the public interest in the prosecution of offences and the Attorney General's constitutional role justify his joinder for the appeal.

Court Disposition

Attorney General granted liberty to intervene and joined as a party to the appeal.

Orders

  • Attorney General joined as a notice party to the proceedings for the purposes of the appeal.
  • Attorney General to abide his own costs and, at the court's discretion, some or all of the costs of other parties.