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Judicial review fails where Minister was not the maker of the impugned decision

By: Ciaran Joyce BL

Court of Appeal dismisses appeal of High Court rejection of judicial review proceedings which sought to quash a decision to remove the applicant from a work programme for misbehaviour, finding that: a) the decision sought to be challenged was not a decision of the Minister for Social Protection but, rather, a separate entity that was not party to the proceedings; b) it was a matter of private law and not public law; and c) the impugned decision cannot be imputed to the Minister.

Judicial review – application to quash a decision to remove the applicant from a work programme for misbehaviour – decision sought to be challenged was not a decision of the Minister for Social Protection but rather a separate entity who was not party to the proceedings – reliefs sought refused.

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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