A recent decision of the High Court highlighted the factors that a Court has to have regard to when deciding if a judicial review application is successful.
It is important to understand first of all what Judicial Review is. It is a mechanism by which an application can be made to the High Court to challenge the decision making processes of administrative bodies and lower courts. Such an application is made under Order 84 of the Rules of the Superior Courts.
In this case, the applicant husband brought an application arguing that the circuit court judge was incorrect (its decision was described as irrational) in appointing a particular expert to carry out a Section 32 ‘Voice of the Child’ assessment for the purpose of assisting the Court in it’s decision relating to the parenting arrangements of the parties’ child.
In the course of her decision, Judge Jackson set out the five factors which are to be taken into account in order for a Judicial Review to succeed.
- The applicant must have a sufficient interest in the case
- The facts averred by the applicant, which, if true, must make a stateable case for Judicial Review.
- The Applicant must be able to advance an arguable case that a Judicial Review should be granted.
- The application for Judicial Review must have been made promptly.
- An order for Judicial review is the only effective remedy available to the applicant.
In this case the Judge decided that the facts averred did not make a stateable/arguable case, and also found that the applicant in question could have contested the evidence of the assessor in relation to his allegation of parental alienation by cross-examining the assessor in the District Court when the matter was first aired.
For these reasons, the Court rejected the Applicant’s claim.
For further information on this or any other Family Law related issued, please do not hesitate to contact Brendan Dillon, Emma Dillon or Aoife Cathcart on 012960666
