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Judicial Review Application

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  • 11-07-2019 2:29pm
    #1
    Proceedings
    Registered Users Posts: 21 ✭


    Hi,

    I recently received a decision from Workplace Relations Commission (The body handles cases of Employment Law) and I am planning to apply for Judicial Review.

    I made a lot of research, but couldn't find anything describes how to do it step by step.

    1. Would you describe the process step by step?
    2. Would you provide some sample documentation?
    3. The first step is "An application for leave". Must I go to Court myself to apply, or I post the documents as the first step?
    4. Do you recommend me to hire a solicitor for this step?

    For example, here is the information provided at courts.ie regarding the matter, but I still don't know which fee should I pay.

    A judicial review is a process where a person can apply to court to have a decision of a public or administrative body overturned. A judicial review application may also be made where a public or administrative body has failed to make a decision.

    1. To start the judicial review case you will require three documents

    A statement of grounds
    A grounding affidavit
    An ex parte docket
    2. The documents for a judicial review are filed in the Central Office of the High Court, Four Courts, Dublin 7.
    3. The documents filed should be on A4 size paper.
    4. To issue the documents you should check the following;
    You have paid the correct court fee
    You have enclosed two copies of your documents - which will be returned to you
    You have included a stamped self-addressed envelope, if filing by post
    If the applicant is a minor, a minor consent form signed by the next friend must be attached
    5. File your documents in the Central Office of the High Court and on a Monday morning in term make the ex-parte application to court for leave (permission) to bring the judicial review case. The time and venue for this application will be published in the legal diary. The application to bring a judicial review will be either granted or refused and a court order will issue confirming this.
    6. More information on the layout of and what is required for the statement of grounds is set out in order 84 rule 20 and Appendix T forms no. 13 & 14 in the Rules of the Superior Courts.




    Thanks in Advance!
    Tagged:


Comments

  • Options
    #2
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    You should consult a solicitor to advise you. Most of the notes you have published deal with procedural matters. You and your advisers have to establish that you have reasonable grounds for seeking the review.
    Leaving open for general discussion subject to forum rule on legal advice


  • Options
    #3
    Proceedings
    Registered Users Posts: 21 ✭Proceedings


    Thank you for the answer and leaving this open.

    Unfortunately I am a broke and nerdy guy who would like to pursue his claim by himself, so I still need this information otherwise I will go to the court building to do so.


  • Options
    #4
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    If your case is arguable, you should be able to get a solicitor and counsel on the no foal no fee basis. That is what you should do. Nerdy or not, it is guaranteed to you will make a total mess of it. It will cost you several hundred euro in stamp duty alone just to get to the stage of a leave application.


  • Options
    #5
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Just to be clear OP I assume you know what a JR is? i.e it is not an avenue to simply appeal a WRC decision based on it's merits, that channel is via the Labour Court and later the High Court (on a point of law or an unsustainable finding of fact).

    What are the reasons for wanting a JR?


  • Options
    #6
    Proceedings
    Registered Users Posts: 21 ✭Proceedings


    Claw Hammer wrote: »
    If your case is arguable, you should be able to get a solicitor and counsel on the no foal no fee basis. That is what you should do. Nerdy or not, it is guaranteed to you will make a total mess of it. It will cost you several hundred euro in stamp duty alone just to get to the stage of a leave application.

    Thanks that was helpful. I appled to WRC and lost a case, it was relatively easy. But at this point I believe I have no other choice but to seek professional help.


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  • Options
    #7
    Proceedings
    Registered Users Posts: 21 ✭Proceedings


    GM228 wrote: »
    Just to be clear OP I assume you know what a JR is? i.e it is not an avenue to simply appeal a WRC decision based on it's merits, that channel is via the Labour Court and later the High Court (on a point of law or an unsustainable finding of fact).

    What are the reasons for wanting a JR?

    Yes, I am aware. I already appealed the decision.

    Now I want to claim JR.
    1. As you know WRC cases are handled in closed room, with no oath required and lying to WRC has no penalty.
    2. Adj. Officer did not let me give evidence, he wanted to check preliminary issues first. In his decision paper, he issued a decision as I gave evidence.
    3. Adj. Officer was biased. I stated an event, and Adj. Officer replied "I have a lot of experience, and I never seen this event can be %100 true". So he gently called me liar upfront.

    In fact, there is already a Judicial Review goes on regarding WRC's constitutionality, and I am planning to pursue the same.

    By the way have you been in JR before? I would like to hear more about your thoughts on this.

    employmentrightsireland.com/constitutionality-of-workplace-relations-commission-wrc-challenged-in-high-court/


  • Options
    #8
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Proceedings wrote: »
    Yes, I am aware. I already appealed the decision.

    Now I want to claim JR.
    1. As you know WRC cases are handled in closed room, with no oath required and lying to WRC has no penalty.
    2. Adj. Officer did not let me give evidence, he wanted to check preliminary issues first. In his decision paper, he issued a decision as I gave evidence.
    3. Adj. Officer was biased. I stated an event, and Adj. Officer replied "I have a lot of experience, and I never seen this event can be %100 true". So he gently called me liar upfront.

    In fact, there is already a Judicial Review goes on regarding WRC's constitutionality, and I am planning to pursue the same.

    By the way have you been in JR before? I would like to hear more about your thoughts on this.

    employmentrightsireland.com/constitutionality-of-workplace-relations-commission-wrc-challenged-in-high-court/

    Interestingly your points made are nearly identical to those currently subject to a JR, which is a question of constitutionality, constitutional justice and fair procedures. It is not a question of the WRC itself being unconstitutional, rather a question of constitutionality of some provisions of the Unfair Dismissals Act 1977 and the Workplace Relations Act 2015.

    As such having regard to the sub judice rule I'll make no more comment on the issue.


  • Options
    #9
    Proceedings
    Registered Users Posts: 21 ✭Proceedings


    GM228 wrote: »
    Interestingly your points made are nearly identical to those currently subject to a JR, which is a question of constitutionality, constitutional justice and fair procedures. It is not a question of the WRC itself being unconstitutional, rather a question of constitutionality of some provisions of the Unfair Dismissals Act 1977 and the Workplace Relations Act 2015.

    As such having regard to the sub judice rule I'll make no more comment on the issue.

    That's correct. I was quite surprised of the informality of WRC hearings and was made the exact observations. Then I noticed it is an ongoing JR case.

    In my appeal, I stated "I want my case to be processed after that JR concluded. If this won't happen, I will make my own set of JR."

    So in case Labour Court decides to proceed my case before this, I want to apply for JR myself. Any help will be welcomed how to at least apply for JR. I might just explain this to the judge.


  • Options
    #10
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    Hi there

    Stamp Duty on the Originating Notice of Motion is €190 I believe.

    You will need an ex parte docket €60 and a grounding Affidavit with exhibits €20. The Affidavit is €20. Each exhibit is required to be sworn.

    As a lay litigant, no matter how nerdy you are wasting your time and the Courts time if you are not legally trained.

    Judicail reviews are very very technical and narrow applications on a point of law.

    Unless you have legal training and a LOT Of experience to go with it you will likely be thrown out.

    You lost your case and your Labour Court case. You are appealling that now too.

    Do you not see a pattern emerging when you DIY this.

    I cannot give you any further help only to tell you do not do it. You are wasting your time.


  • Options
    #11
    Proceedings
    Registered Users Posts: 21 ✭Proceedings


    Mr. Incognito wrote: »
    Hi there
    Stamp Duty on the Originating Notice of Motion is €190 I believe.
    You will need an ex parte docket €60 and a grounding Affidavit with exhibits €20. The Affidavit is €20. Each exhibit is required to be sworn.
    As a lay litigant, no matter how nerdy you are wasting your time and the Courts time if you are not legally trained.
    Judicail reviews are very very technical and narrow applications on a point of law.
    Unless you have legal training and a LOT Of experience to go with it you will likely be thrown out.
    You lost your case and your Labour Court case. You are appealling that now too.
    Do you not see a pattern emerging when you DIY this.
    I cannot give you any further help only to tell you do not do it. You are wasting your time.

    Thanks, I haven't lost appeal yet. All I am planning to do is to point out the previous JD already lodged and confirmed by Supreme Court, and I want my appeal to be processed after its concluded.


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  • Options
    #12
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    If you have an appeal in being, you can't judicially review the decision from the first hearing. It is one or the other.there is a presumption of constitutionality with all post 1922 statutes, so your appeal will go on, whether or not the legislation is under challenge. Time to get a job!


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    #13
    Proceedings
    Registered Users Posts: 21 ✭Proceedings


    4ensic15 wrote: »
    If you have an appeal in being, you can't judicially review the decision from the first hearing. It is one or the other.there is a presumption of constitutionality with all post 1922 statutes, so your appeal will go on, whether or not the legislation is under challenge. Time to get a job!

    Thanks 4ensic, that makes sense.

    I stated in my appeal that I want to wait for this appeal to be decided, and "if this will not granted" I will pursue judicial review.

    This perspective was provided by a solicitor. I hope he was not wrong!


  • Options
    #14
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Proceedings wrote: »
    Thanks 4ensic, that makes sense.

    I stated in my appeal that I want to wait for this appeal to be decided, and "if this will not granted" I will pursue judicial review.

    This perspective was provided by a solicitor. I hope he was not wrong!

    No solicitor said "if this will not granted". Forget about trying to pass yourself off as a lawyer. You haven't a clue and you are doing yourself harm.


  • Options
    #15
    Proceedings
    Registered Users Posts: 21 ✭Proceedings


    4ensic15 wrote: »
    No solicitor said "if this will not granted". Forget about trying to pass yourself off as a lawyer. You haven't a clue and you are doing yourself harm.


    4ensic15, I will. Do you do this type of work yourself, or would you recommend me one?


    Just in case, here is the related part of the letter I received after initial consultation from a solicitor:


    "You have 42 days in which to appeal to the Labour Court. This should be done regardless of whether you are applying for Judicial Review Relief. You could refer to Zalewski in your Appeal to the Labour Court, and state that you want your Appeal processed after the Zalewski case is concluded and that otherwise you will intend to issue your own set of Judicial Review proceedings."

    Mod
    Solicitor recommendations not allowed on this forum


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