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Non-disclosure of material facts by applicant for leave to seek judicial review
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The High Court has set aside a grant of leave to seek judicial review of a notice of re-entry of criminal proceedings, on the grounds of material non-disclosure by the applicant. The applicant had failed to disclose relevant information regarding previous judicial review proceedings and the status of a contentious lease, which were pertinent to the case. The court determined that the applicant's failure to provide a full and candid disclosure at the ex parte stage was significant, and it was presumed that the applicant would receive a fair trial in the Circuit Criminal Court. Consequently, the court found it appropriate to revoke the leave previously granted.
Judicial review, material non-disclosure, ex parte application, leave to apply, suspended sentence, breach of conditions, Criminal Justice Act 2006, Circuit Criminal Court, fair trial, lease agreement, legal representation, duty of uberrimae fides (utmost good faith), setting aside leave, costs of application, DPP (Director of Public Prosecutions), Revenue Commissioners.
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