K v Minister for Justice

• Jurisdiction: Ireland
• Judge: Ms Justice Bolger
• Judgment Date: 17 January 2023
• Neutral Citation: [2023] IEHC 30
• Court: High Court
• Docket Number: [2021/728 JR]

Between

K. [A Minor] Suing by their Next Friend U.

Applicant

and

Minister for Justice

Respondent

[2023] IEHC 30

[2021/728 JR]

THE HIGH COURT

Judicial review – Amendment – Joinder – Applicants seeking to join their next friend as applicant – Whether the respondent was prejudiced by the inclusion of the applicants’ next friend

Facts: The applicants applied to the High Court to add an individual identified as the applicants’ next friend as an applicant pursuant to O. 15, r. 13. The proposed amendment arose because the respondent, the Minister for Justice, was concerned that the infant plaintiffs were unaware of the proceedings and their potential cost implications as well as the absence of any consent from their mother. This was resolved to the Minister’s satisfaction by the applicants swearing an affidavit and the furnishing of confirmation from the Bangladeshi authorities as to the legal basis for the applicants’ next friend acting as their next friend. As a result of the Minister’s concerns, the applicants’ legal advisers took the view that the applicants’ next friend should be joined as an applicant rather than just as the applicants’ next friend. The applicants said that the issues caused them concern and motivated their decision to seek to amend the pleadings by adding the next friend as applicant in order to stabilise the proceedings. The applicants relied on the decisions of the High Court in Keegan v An Garda Síochána Ombuds Commission [2012] 2 IR 570 and Voncova v Criminal Injuries Compensation Tribunal [2019] IEHC 13 where applications to amend were allowed in order to ensure that the proper issues were before the court. The Minister opposed the application for an amendment because she said that she was prejudiced by the inclusion of the applicants’ next friend, an Irish citizen, and the prospect of having to meet a new additional case in relation to the constitutional rights of an Irish citizen which were stronger than any constitutional rights that may be asserted by the non-Irish, non-resident applicants.

Held by Bolger J that she would allow the application to join the applicants’ next friend as applicant as she was satisfied this would ensure the correct issues were put before the court. Bolger J noted that the applicants did not seek to expand the grounds for seeking judicial review or the reliefs and that, combined with the concessions made by their counsel to the Court, meant that the Minister was not prejudiced in defending the proceedings by allowing the amendment.

Bolger J considered that, as the applicants had succeeded in their application, in principle, they were entitled to their costs.

Application granted.

JUDGMENT of Ms Justice Bolger delivered on the 17th day of January, 2023

1 This is an application to add an individual currently identified as the applicant's next friend, Mr. U., as an applicant pursuant to O. 15, r. 13. The application is only to include an additional applicant and not to amend the grounds for seeking judicial review or to seek further reliefs. For the reasons set out below I am allowing this application.

2 A...