Judicial Review

Judicial Review is the process by which a person may challenge a decision by the State which affects them. An application is made to the High Court setting out the basis of the challenge. The decision may be determined to be unconstitutional, or illegal.

Public bodies, and bodies carrying out public functions must follow fair procedures, including the right to be heard, the rule against bias, the obligation to act reasonably, proportionately, and to act only within its authority and remit.

Mulligan Solicitors are prepared to challenge decisions made in the areas of mental health law, coroner’s inquests, child law and charity law against government and semi-state departments and bodies, based on fair procedures, and on your constitutional and international human rights.

When a judicial review is successful, the original decision may be quashed (certiorari), the body may be ordered to make a decision (mandamus) or action (injunction) or prohibited from making a decision (prohibition) or action (injunction), and / or the High Court may make a declaration regarding the parties’ rights. The Court may award damages and will determine the issue of Costs.

These challenges can be instrumental in bringing about changes in the engagement and interaction between government departments, ministers, courts, tribunals or state bodies with the public and services users and in bringing about changes in the law, as it focuses on the process, fair procedures and decision making of the body in question.

Please contact Muriel by emailing muriel@mulligansolicitors.ie or by phone at 01 6373946 if you require further information in relation to any decision made by a state body.