Judgment: 2010-05-13 · Court archive

High Court dismisses prisoner’s judicial review bid over solicitor’s file

The court said the dispute with his assigned solicitor was a private matter and found no basis for judicial review.

High Court · [2010] IEHC 174

Who, what, where, when and why

Who
  • John Ryan (Applicant)
  • John MacMenamin (Judge)
What

The court said the dispute with his assigned solicitor was a private matter and found no basis for judicial review.

Where

Places mentioned in the report

  • Midlands Prison
When

Judgment:

Why

Reasons reported in the judgment

The judge said judicial review and related constitutional relief generally concern the legality of detention or infringement of constitutional rights involving the State, its servants or agents. Here, the named respondent was a private solicitor, not a public authority, and the dispute was between Ryan and his solicitor. The court found no material giving grounds for judicial review and dismissed the application.

The High Court dismissed John Ryan’s judicial review application seeking the return of his original trial file from a solicitor assigned to him under the Legal Aid Scheme.

Ryan, who was in Midlands Prison at the time of the judgment, sought an order requiring the solicitor to release the file relating to his Central Criminal Court trial and pending appeal. He also sought to stop the solicitor from allegedly obstructing him in managing his legal affairs.

Justice John MacMenamin said the application gave no details of the alleged obstruction or the circumstances in which the file had not been provided. Ryan argued that withholding the file was unlawful and unconstitutional and prejudiced his ability to conduct his legal affairs. The judgment also records a claim concerning the prison governor’s failure to have regard to Ryan’s entitlement to manage those affairs, but says the documents identified no act or omission by a State official.

The judge said judicial review and related constitutional relief generally concern the legality of detention or infringement of constitutional rights involving the State, its servants or agents. Here, the named respondent was a private solicitor, not a public authority, and the dispute was between Ryan and his solicitor. The court found no material giving grounds for judicial review and dismissed the application.

The judge said Ryan could discharge the solicitor by writing to him and retain another solicitor, who could correspond about obtaining the file and, if necessary, apply to the Court of Criminal Appeal. The court did not order the file’s release or determine the underlying allegations about the solicitor’s conduct.

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