Application for judicial review struck out where applicant did not submit verifying affidavit

Judicial review - respondent made determination that the applicant be removed from the Register of Medical Practitioners in Ireland - in April 2015 the High Court granted liberty to seek an order of certiorari with regard to that decision - the decision to remove the applicant from the Register has been stayed pending the determination of the judicial review - application for leave to bring judicial review was grounded on the affidavit of the solicitor for the applicant - this solicitor did not represent the applicant at any of the fitness to practice hearings with the respondent - solicitor advises that applicant is not within the jurisdiction and has religious difficulties with some of the terms indicated in the affidavit - respondent pleaded that the applicant had failed to comply with O.84, r. 20(2) of the Rules of the Superior Courts - order granting leave to bring judicial review was expressly made on foot of an undertaking given on behalf of the applicant that he would personally swear an affidavit for purposes of the full hearing - at the leave stage, applicant has to satisfy the court that he has a stateable case - order granting leave to bring judicial review must be regarded as containing an order that a personal affidavit of the applicant be sworn - no absolute rule that an application for judicial review may not be grounded on an affidavit of a solicitor, the requirement in the Rules is that the statement of grounds be supported by an affidavit which verifies the fact on which the review is sought - solicitor who swore the affidavit grounding the application for leave did not represent the applicant at the hearing before the administrative body, and she is not for that reason in the best position to give the evidence in question - order granting leave sets the parameters of the substantive hearing and outlines the questions to be determined, both as regards the relief and the grounds on which that relief may be granted - the jurisdiction of the court hearing the substantive application for review in the present case is limited and identified by the condition that the applicant must swear a personal affidavit to ground or verify the facts contained in the statement of grounds - solicitor has since June 2015 advised her client of the various means by which he may furnish affidavit evidence to the court in a way that does not offend his religious beliefs - no instructions have been received from the applicant since June 2015 with regard to how he may comply with the undertaking - the failure on the part of the applicant to swear a personal verifying affidavit deprives the Court of jurisdiction to hear the substantive action in that he has failed to perform a condition precedent to the grant of leave - applicant has not offered any evidence on which the Court could vary or discharge him from his solemn undertaking - application for judicial review struck out.