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Rules of the Superior Courts

Amendment to: Order 84
S.I. No. 345 of 2015: Rules of the Superior Courts (Judicial Review) 2015


2. Order 84 of the Rules of the Superior Courts is amended:
      (i) by the substitution for sub-rule (2) of rule 22 of the following sub-rules:

        “(2) The notice of motion or summons must be served on all persons directly affected.

        (2A) Where the application for judicial review relates to any proceedings in or before a court and the object of the application is either to compel that court or an officer of that court to do any act in relation to the proceedings or to quash them or any order made therein—

            (a) the judge of the court concerned shall not be named in the title of the proceedings by way of judicial review, either as a respondent or as a notice party, or served, unless the relief sought in those proceedings is grounded on an allegation of mala fides or other form of personal misconduct by that judge in the con- duct of the proceedings the subject of the application for judicial review such as would deprive that judge of immunity from suit,

            (b) the other party or parties to the proceedings in the court concerned shall be named as the respondent or respondents, and

            (c) a copy of the notice of motion or summons must also be sent to the Clerk or Registrar of the court concerned.”; and

      (ii) by the insertion immediately following sub-rule (2) of rule 27 of the following sub-rule:

        “(2A) Without prejudice to the generality of sub-rule (2), the Court may, at any time, where it deems fit, in any case where the relief sought relates to any proceedings in or before a court:

            (a) direct the applicant to procure and lodge in Court or exhibit a transcript of the record of the proceedings before that court, or

            (b) direct the production to it by the Registrar or Clerk of that court of the record of the proceedings before that court.”