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High Court, in an application for leave to apply for judicial review, treats the leave application as the hearing of the substantive issues where no opposition lodged by notice party or respondent, and grants an order quashing a decision of a District judge - made in his chambers - to refuse to issue a criminal summons to the applicant as a common informer, on the grounds that, as it involved the exercise of a judicial rather than an administrative function, the decision should have been made in open court; and the court remits the application back to the District judge for further consideration.
Judicial review - District Court order providing for renewal of liquor license affirmed on appeal to Circuit Court - leave to seek judicial review granted in respect of initial decision of District Court - proceedings dismissed by High and Supreme Courts in early 2015 - subsequent application to District Court by applicant against respondent to issue a summons for proposed criminal proceedings as a common informer on foot of allegations of the use of incorrect affidavits by respondent in prior judicial review proceedings - application refused following discussion/swearing on oath in Judge's chambers - application to quash order - no formal order in existence - 'satellite litigation' - whether application entirely without foundation and bound to fail - refusal to sign summons - issue not dealt with in open court - leave application unopposed by respondent and notice party - no opposition to substantive relief sought - leave application treated as substantive hearing on issues - applicant's right to prosecute not a matter for judicial review - issue of summons should have been decided in open court - administration of justice in public - relief granted and matter remitted to District Judge with a direction to re-hear application for issue of summons.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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