J.S v M.K (Approved) [2024] IEHC 353 (29 May 2024)

J.S v M.K (Approved) [2024] IEHC 353 (29 May 2024)

Judges of the Northern Circuit were improperly joined as respondents in the absence of allegations of mala fides or personal misconduct, contrary to Order 84, rule 22(2A) and established principles protecting judicial independence; they are to be struck out as parties.

Citation
[2024] IEHC 353
Parties
Applicant: J. S.; Respondent: M. K.; Respondent: The Judges of the Northern Circuit
Jurisdiction
Ireland
Judgment Date
29 May 2024
Procedural Posture
Judicial Review / Interlocutory Motion to Strike Out Parties
Outcome
Second Named Respondents (Judges of the Northern Circuit) struck out as parties for improper joinder; no order for costs; liberty to apply.
Legal Topics
Judicial Review, Joinder of Parties, Judicial Independence, Delay in Proceedings, Access to Court Records, Damages for Breach of Rights
Administrative Law Family Law Constitutional Law Human Rights Judicial Review Joinder of Parties Judicial Independence Delay in Proceedings +2 more

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Parties

J. S.

Applicant

M. K.

Respondent

The Judges of the Northern Circuit

Respondent

Procedural Posture

Judicial Review / Interlocutory Motion to Strike Out Parties

Legal Issues

  1. 1 Whether judges of the Northern Circuit were improperly joined as respondents in judicial review proceedings absent allegations of mala fides or misconduct
  2. 2 Interpretation and application of Order 84, rule 22(2A) of the Rules of the Superior Courts regarding joinder of judges
  3. 3 Whether reliefs sought (certiorari, declarations, damages, costs) require joinder of judges

Ratio Decidendi

Judges of the Northern Circuit were improperly joined as respondents in the absence of allegations of mala fides or personal misconduct, contrary to Order 84, rule 22(2A) and established principles protecting judicial independence; they are to be struck out as parties.

Court Disposition

Second Named Respondents (Judges of the Northern Circuit) struck out as parties for improper joinder; no order for costs; liberty to apply.

Orders

  • Order pursuant to Order 15, rule 13 striking out Judges of the Northern Circuit as respondents
  • No order for costs; liberty to apply