Judicial review dismissed because the dispute between a prisoner and his private solicitor is not a matter of State conduct.
Sintesi Legislator
Generato dall'IAThe applicant sought judicial review to compel his private solicitor to release trial files and prevent alleged obstruction of his legal affairs. The court found no grounds for relief because the respondent is a private party under the Legal Aid Scheme, not a public authority. Consequently, the court held that disputes with private solicitors must be resolved through normal retention procedures or the Court of Criminal Appeal, not judicial review.
Regesto Legislator
Generato dall'IAArticles 40.1 and 40.2 of the Constitution; Judicial review is unavailable for disputes between a prisoner and his private solicitor as these do not involve the conduct of the State or its servants.
Parole chiave
Generato dall'IATesto completo
Neutral Citation Number: [2010] IEHC 174
THE HIGH COURT
JUDICIAL REVIEW
2010 581 JR
BETWEEN/
JOHN RYAN
APPLICANT
AND
STATE APPOINTED SOLICITOR NAMELY, JOHN HERBERT OF GLANMORE SUITE, PARK HOUSE, ARTHUR’S QUAY, LIMERICK
RESPONDENT
JUDGMENT of Mr. Justice John MacMenamin delivered the 13th day of May, 2010.
1. The applicant is John Ryan. He is presently a prisoner in the Midlands Prison, Portlaoise. He seeks relief of mandamus or injunction
by way of judicial review. He seeks to compel the respondent solicitor to release his original file pertaining to his trial before the
Central Criminal Court relative to a Bill of Indictment No. CC0011/09 and relating to his pending appeal before the Court of Criminal
Appeal. He also seeks to prevent the respondent solicitor from allegedly continuing to obstruct and frustrate him in the conduct of his
legal affairs. No detail of any of these allegations is set out. In itself this would constitute grounds for not granting relief.
2. The applicant contends that the respondent solicitor’s failure to provide this file amounts to an unlawful and unconstitutional act.
He claims that until the respondent solicitor is compelled to release the file to him he will continue to be prejudiced from conducting
his legal affairs. Again no detail is supplied as to the circumstances.
3. However he also claims that the subject matter of the application relates to the failure of the respondent governor to have regard
to his entitlement to conduct his legal affairs. There is no reference elsewhere in the documents provided to me of any act or
omission of a State official.
4. The range of reliefs in judicial review or Article 40 relate generally to the question of legality of detention or an infringement of
constitutional rights. These issues pertain to questions relating to the conduct of the State, its servants or agents and not private
parties. The issue here is a private one between the applicant and his solicitor. The named respondent in this case is a private party,
that is to say, a solicitor who has apparently been assigned to the applicant under the Legal Aid Scheme. He is not a public authority.
5. If the applicant wishes to discharge his solicitor he should go about this in the normal manner, that is to say by writing to that
effect, and by retaining an alternative solicitor who (if necessary), can then enter into correspondence for the provision of the file. If
necessary application may be made to the Court of Criminal Appeal by the solicitor retained. These are not judicial review matters.
6. There is no material before me which would give rise to grounds for judicial review. The matters should be dealt with by the
applicant retaining an alternative solicitor for the purposes of his appeal before the Court of Criminal Appeal who can then process the
matter further. I will dismiss the application.