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IEHC 246 ECLI:IE:HC:2011:246 Generato dall'IA

Judicial review dismissed for lack of evidence regarding serious dental care needs in prison.

Numero d'incarto IEHC 246
Autorità giudiziaria
Giurisdizione Irlanda (IE)
Data della decisione
Esito del giudizio Respinto (Dismissed)
Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The High Court dismissed the applicant's judicial review application for an order of mandamus against the prison governor. The applicant claimed he required urgent dental treatment but provided no supporting evidence, affidavits, or records of internal appeals. The court ruled that without factual substantiation or proof of serious pain, the application could not be seriously considered.

Regesto Legislator

Generato dall'IA

s. 30 of the Courts Act 1924; s. 1 of the Judicial Review Act 2011: A claim for mandamus based on alleged neglect of prison medical care fails where the applicant fails to provide any evidence of the alleged neglect or the seriousness of the condition.

Parole chiave

Generato dall'IA
judicial review mandamus prison medical care lack of evidence dental treatment

Disposizioni normative citate

Generato dall'IA
s. 30 of the Courts Act 1924
s. 1 of the Judicial Review Act 2011

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Testo completo

Neutral Citation Number: [2011] IEHC 246

THE HIGH COURT

JUDICIAL REVIEW

2011 243 JR

BETWEEN

STEPHEN MAHER

APPLICANT

AND

GOVERNOR OF CASTLEREAGH PRISON

RESPONDENT

JUDGMENT of Mr. Justice Ryan delivered the 7th April 2011

1. The applicant has filled in a “Statement Required to Ground Application for Judicial Review by a Personal Applicant” giving his name,

his place of detention, his home address and the fact that he is seeking an order of mandamus on the grounds that he is not receiving

proper dental care which he badly needs and is in serious pain and at risk of losing his teeth. He has sent no other information or

documentation.

2. There is no evidence, whether by affidavit or otherwise as to the facts and circumstances or as to the efforts that the applicant

has made to secure dental treatment and whether he has received any treatment up to now. Neither is there any evidence about the

applicant’s use of the internal prison system including applying to the visiting committee. There is simply no background information of

any kind.

3. In the circumstances there is no basis on which this application can be seriously considered.