Supreme Court, in an appeal against decision of High Court limiting the participation of bank in proceedings challenging direction order allowing for State capitalisation of the bank, finds that incorrect test was applied and orders bank to be joined as full notice party as its vital interests are potentially at risk.
Fennelly J (nem diss): Appeal of High Court order (Charlton J) granting appellants only limited participation in substantive proceedings seeking to set aside direction order made on application of Minister for Finance to capitalise respondent bank - application to be joined as notice parties - proceedings challenging direction order sought and obtained by Minister for Finance under Credit Institutions (Stabilisation) Act 2010 - resistance by bank shareholders against State capitalisation - ex parte application to High Court - appellants granted limited access to High Court proceedings - appellants disallowed from challenging the granting of direction order - joinder of parties in civil proceedings - Ord.15 r.13 RSC - notice provisions of public law versus private law - whether direction order takes the form of an application for judicial review - whether correct test adopted by High Court in deciding whether to join appellants to substantive proceedings - whether appellants have delayed in making application for joinder - whether appellants retain a vital interest in outcome of High Court proceedings - whether respondents will suffer a disadvantage or prejudice if appellants granted participation as notice parties - whether court should obtain preliminary ruling on interpretation of EU laws regarding participation in legal proceedings - appeal allowed.