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Judicial review application in respect of employment matter was not made sufficiently promptly
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Supreme Court dismisses appeal from High Court, and affirms refusal to grant judicial review of a decision by the Revenue Commissioners to refuse funding to an employee who wished to undertake a legal professional course in the UK, on the grounds that: a) the application for leave to seek judicial review was made over a year after the final decision to refuse funding, and was therefore not prompt or made within any relevant time limits; but b) a finding that the applicant had lacked candour in her original affidavit was not justified in the circumstances.
McKechnie J (nem diss): Claim by civil servant against Revenue Commissioners as employers - employment law - legal qualification - application to employers for funding for Bar Vocational Course in England - refusal to approve funding request - judicial review - whether proposed course was a “follow-on course” within the meaning of department circular "Circular E.5907" - claim for mandamus - refusal of judicial review in High Court (MacMenamin J) - delay - material non-disclosure - reasonableness of employers - doctrine of legitimate expectation - appeal of decision - Order 84, rule 18 of the R.S.C. - time limits for judicial review - promptness - whether extension of time required - whether time limits in Rules of Court should be treated as limitation periods - time limits for mandamus - "demand and refusal" approach - dates of refusals - whether course accepted by Revenue Commissioners as relevant to the work of that organisation - whether course would permit employee to practice law in Ireland - date of "final decision" - non-disclosure / lack of candour - omission of relevant material from grounding affidavit - whether omission was deliberate and intentional.
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