The High Court has amended an order in Patrick McKillen’s judicial review case to record that all reliefs he sought, including additional claims allowed by an amended statement of grounds, were refused in an earlier judgment.
Mr Justice Brian O’Moore ruled on 1 May 2020 that the original order should be amended under Order 28, rule 11 of the Rules of the Superior Courts. The application was made by David Tynan, the respondent, and Mr McKillen consented to it. The parties agreed that it could be dealt with through correspondence, without a court hearing.
The judge said his 24 January 2020 judgment had decided Mr McKillen’s judicial review application in its amended form. In that judgment, the court refused all reliefs sought. Mr McKillen had been granted leave to seek judicial review in June 2019, and in November 2019 had been permitted to amend his grounds to seek additional reliefs against Mr Tynan, who was described as an assessor appointed by the Minister for Finance under section 22 of the Anglo Irish Bank Act 2009.
The original order drawn up after the January judgment did not refer to those additional reliefs. The May ruling said the proposed amendment would reflect the full range of reliefs sought and their refusal. The judge was satisfied that the amended order would accurately reflect his decision on the merits. He said simple and understandable inadvertence was the likely reason the original order had not included the amended reliefs.
The ruling concerned correction of the order; it did not revisit the merits of the judicial review. The judge said he had not been asked to make any further order, such as one dealing with the costs of the amendment application, and made none.