I, David Barniville, President of the High Court, hereby issue the following Practice Direction in accordance with the general authority of the President of the High Court and s. 11(12) and (13) of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020
Purpose of this Practice Direction
1. This Practice Direction sets out the procedures applicable to making an application for leave to apply for judicial review in the Judicial Review Ex Parte List. It is directed to parties who are legally represented and to those who are representing themselves. It is written in terms that can be understood by both types of parties and contains hyperlinks to some other relevant documents which should be read by all parties and/or their legal representatives.
2.This Practice Direction applies to all applications for leave to apply for judicial review other than in asylum, immigration and citizenship cases or in planning and environment cases.
Date of Commencement
3. This Practice Direction will come into operation on 30 April 2026.
Revocation of Practice Direction HC 02
4. Practice Direction HC02 is revoked on the coming into operation of this Practice Direction.
Essential Requirements: Precise Pleadings and Candour
5. Before making an application in the Judicial Review Ex Parte List, legal practitioners and applicants must read the judicial review requirements set out in the Rules of the Superior Courts (“RSC”) available here.
6. Order 84, Rule 20(3) of the RSC requires precise grounds, with particulars and facts supporting each ground; generic assertions are insufficient (see, for example, Babington v. Minister for Justice, Equality and Law Reform & Ors. [2012] IESC 65). The relief sought must specify the nature and date of the decision challenged. Non‑compliance may lead to refusal of relief and/or costs consequences.
7. The Judicial Review List concerns decisions of public bodies and the applicant must usually have exhausted all other remedies, such as appeals (see, for example, Chubb European Group v. HIA [2020] IECA 91).
8. Legal practitioners, parties and litigants in person owe continuing duties of candour, enquiry, disclosure and diligence to the Court throughout the proceedings. If any person misleads the Court, it may lead to the refusal of all reliefs sought and/or an order of costs against that person.
Scope
9. Order 84, Rule 20 of the RSC requires applications for leave to apply for judicial review to be made by motion ex parte (this means that only one side is represented – the proposed respondent is not on notice of the application).
10. All such applications will be made in the Ex Parte List, which is held in Court 6 in the Four Courts, every Monday at 10.30 am. Details as to how to file an application are set out in paragraph 22.
11. The Judicial Review Ex Parte List is dealt with on a hybrid basis. Practitioners and litigants in person are encouraged to attend the court physically but may also attend online. The connection details are enclosed in the email confirming your listing date. To check details for remote hearings, contact [email protected], including the record number assigned to your case. Information about appearing online is available here.
Parties
12. The correct title to a judicial review application is either the title of the proceedings in the court or tribunal being reviewed or “the Applicant vs. the Decision Maker” if it is a challenge to a decision by a public body. A judge should not be named as a respondent unless there is an allegation of mala fides (bad faith); see Order 84(22)(2A) as inserted by Section 2A(a) of SI 345 of 2015.
13. If an allegation of mala fides is made against a judge, that judge may be added to the application as an additional respondent using their title only, for example:
[Name of Applicant] v. [Name of First Respondent] and A Judge of the District Court.
14. If an allegation of mala fides (bad faith) is not supported by evidence, the judge’s name will be removed from the title of the proceedings. In other words, making an allegation does not determine whether a judge will appear in the title of the action – there must be evidence of bad faith on the judge’s part.
Required Documents
15. Ex Parte Docket: This is a short list of the reliefs (orders) sought. It is stamped in the Stamping Office to show that you have paid the relevant court fee. This must be produced to the registrar.
16. Grounding Affidavit: This document must be sworn or affirmed and witnessed by a solicitor or commissioner for oaths. The affidavit verifies the facts on which you rely. You must exhibit a copy of the decision you seek to challenge and any other document on which you intend to rely. Documents cannot be considered by the Court unless they are contained in this affidavit. See Form No. 14 in Appendix T to Order 84 which sets out how an affidavit should look.
17. Statement of Grounds: This is a document which must set out the relevant facts, the reliefs(orders) which you are seeking and the basis on which you claim that the court should grant those reliefs (or make those orders). The date and location of the hearing or the dates of correspondence which led to the decision you are challenging (if applicable) must be specified in the Statement of Grounds. State clearly which relief you are seeking, for example, you seek an order of certiorari to quash a decision. State why you seek this relief and any facts that support your assertion.
18. Read Order 84, Rules 18 to 27 to make sure that the contents and format of your Statement of Grounds is correct and that the reliefs you seek are available in judicial review proceedings.
19. When making your application, you will be asked to file legal submissions. Submissions are not a repetition of the facts but a summary of the law. Submissions must be no more than 2,000 words and must summarise what you are seeking and why, including relevant law. In other words, submissions outline what the law is and why the court should make the orders that you seek. For further information, see Practice Direction HC 97 on Written Submissions and Issue Papers.
Exhibiting All Relevant Material
20. The grounding affidavit for any ex parte application must exhibit a full copy of all relevant material, including (as applicable):
i. all initiating document(s) (application forms; notices of appeal);
ii. any relevant decision by the Court or decision maker in question;
iii. the notification of the decision to you; and
iv. documentation supporting your averments such as correspondence or emails.
21. Exhibits must be lodged in the List Room. This is located beside the Central Office and papers are stored there for the Court. The Central Office will not take original exhibits when filing the Grounding Affidavit, but those exhibits must be available to the Court for the leave application.
Making an Application for Leave
22. The following instructions apply to making an application for leave to apply for judicial review:
(a) File judicial review papers in the Central Office within 3 months
You may make an appointment to file an application for leave to apply for judicial review in the Central Office online here. An application for leave to apply for judicial review must be made promptly and, in any event, within 3 months of the date of the decision or order you wish to challenge unless you have a good reason to seek an extension of time. If an extension of time is needed, you must seek this relief in your Statement of Grounds and explain the delay in an affidavit, stating why you have not applied in time and why the Court should grant an extension of time. The papers (Ex Parte Docket, Statement of Grounds and Grounding Affidavit) must be filed in the Central Office and a record number obtained. Once papers are filed in the Central Office, the clock is deemed to have stopped (see Order 84 Rule 21 (as amended by S.1. No. 163 of 2024).
(b) Pay stamp duty and keep the ex parte docket as proof of payment
All documents must be duly stamped to confirm that the required stamp duty has been paid before being presented to the Central Office of the High Court. The original Ex Parte Docket must be handed to the registrar on the first court date or lodged in the List Room (see below).
(c) Contact the List Registrar
After papers are filed, contact the List Registrar at [email protected] with your record number and the title of the proceedings. You must include a word version of the Statement of Grounds, a scanned version of any filed Affidavits (including exhibits), and a copy of your submissions.
(d) Receive confirmation of the listing date
The List Registrar will assign a date for your application by email. Matters are usually listed in order of receipt. Some cases will take more time than others because of the subject matter or the number of reliefs sought. These cases may be listed at the end of the list for that day. The number of applications is capped. If your case is urgent, you may apply to the Judge taking the list in Court 6 for an earlier date. The connection details for the Court will be enclosed in the email assigning your date.
(e) Lodge hard copy booklets in the List Room 7 days in advance
- Copy papers/booklets for the Judge must be lodged in the List Room seven days in advance of the leave application. The deadline for the lodgement of papers is 4.30 pm on the Monday before your listing date. Late lodgement will most likely result in the case being adjourned.
- Papers must comprise a bound, paginated, indexed booklet including legal submissions.
- The booklet must include the original stamped Ex Parte Docket if you will not be in court.
- If you attend court, the original stamped Ex Parte Docket must be handed to the registrar.
- The papers must be clearly marked on the front of the booklet with the High Court Record Number, the date assigned to you in the Central Office and “Monday JR Ex Parte List”. All exhibits to your Grounding Affidavit must be included in this booklet.
- It is essential that the Judge has a copy of the decision you are challenging and all relevant exhibits, such as charge sheets or correspondence, which support your claims. Your case will be adjourned if you have not exhibited and verified these documents.
(f) Lodging, collection and return of papers
- Papers may only be lodged in the List Room one week before the listing (i.e., on the Monday prior to your listing) as the List Room only has capacity to hold papers lodged for one week.
- Papers for leave applications will not be returned and will be shredded unless return is requested in court. Papers marked up by the Judge will not be returned.
- Papers must be re-lodged in the List Room prior to any adjourned date.
Mr Justice David Barniville
President of the High Court
22 April 2026
