Appendix T: Judicial Review and Orders affecting Personal Liberty
ORDER OF HABEAS CORPUS AD SUBJICIENDUM
To/ ....... C.D. ....... of
THIS IS TO COMMAND YOU, the said C.D., that you have in the High Court Four Courts, Dublin, in Court No. ....... on ....... day the ....... day of ....... 20.., at the hour of ....... o'clock in the noon, the body of ....... , being taken and detained in your custody as is said, together with the day and cause of his being taken and detained, by whatsoever name he may be called therein, to undergo and receive all and singular such matters and things as the High Court shall then and there consider of concerning him in this behalf and that you have there then this order.
BY ORDER ....... Chief Justice of Ireland, the ....... day of ....... 20 .
(Signed) ....... (Seal)
Master of the High Court.
By order of the Honourable Mr. Justice ....... made the ... day of ....... 20... at the instance of A.B.
This order was taken out by ....... of ....... solicitor for the said A.B.
ORDER OF HABEAS CORPUS AD TESTIFICANDUM
The gaoler of the prison at
THIS IS TO COMMAND YOU that you have before [description of court] on the ..... day of ....... 20 ....... , at the hour of ....... in the noon, the body of ....... , being committed and detained in the prison under your custody, as is said then and there to give evidence [on behalf of the People against M.N.: or otherwise describe the proceedings as in subpoena], and so from day to day until the said ....... shall have given his evidence as aforesaid. And when he shall have given his evidence, then that you take him back without delay to the said prison under your custody, and cause him to be detained therein under safe custody, until he shall be from thence discharged by due course of law.
BY ORDER, &c. [as in Form No. 1].
ORDER OF CERTIORARI
Judge of the Circuit Court, (or
Justice of the District Court,
or as the case may be.)
Whereas it appears that all and singular the order(s) made by you on the ....... day of ....... at ....... whereby [set out shortly the substance of the order(s) or proceedings to be removed] ought to be sent by you to the High Court.
NOW THIS IS TO COMMAND YOU, the said C.D. to send forthwith under your hand and seal to the High Court, Four Courts, Dublin, all and singular the said order(s) [or as the case may be] with all things touching the same as fully and perfectly as they have been made by you and now remain in your custody or power, together with this order of certiorari, that the same may be quashed
BY ORDER, &c. [ as in Form No. 1].
RETURN TO ORDER OF CERTIORARI
The order of certiorari should be indorsed thus:—
The execution of this order appears by the schedule(s) hereunto annexed*
The answer of C.D. ....... within mentioned:
(Signed) C.D. ....... (Seal)
*NOTE—The schedule(s) comprise the order(s) or proceedings and other documents to be returned.
O. 84, r. 21
DISCLAIMER TO QUO WARRANTO
Whereas by an order made herein on the ....... day of ....... it was ordered that [set out shortly the material portion of the conditional order to show cause].
Now, the above-named C.D., by his solicitor [or in his own proper person] hereby says that he altogether disclaims and disavows the office, liberties, privileges and franchises in the said order specified, and cannot deny but that he has usurped without any legal warrant, or right whatsoever the said office, liberties, privileges, and franchises and confesses and acknowledges the said usurpation.
O. 84, r. 21
JUDGMENT OF OUSTER ON DISCLAIMER TO QUO WARRANTO
The ....... day of ....... 20 ....... .
The defendant C.D. having, on the ....... day of ....... entered a disclaimer herein, it is this day adjudged that he. the said C.D. do not in any manner intermeddle, &c. [proceed as in Form No. 7].
O. 84, r. 23
JUDGMENT IN OTHER CASES OF QUO WARRANTO
The ....... day of ....... 20 .
(Recite conditional order to show cause and such other matters as may be relevant.)
Now it is adjudged that the defendant, C.D., do not in any matter intermeddle with or concern himself about the said office, liberties, privileges, and franchises but that he be absolutely excluded from exercising or using the same or any of them for the future. And that the said A.B., the relator above mentioned, do recover against the said C.D. his costs in this behalf to be taxed.
O. 84, r. 29
ORDER OF MANDAMUS
Whereas by [recite statute or charter, if any, by which the act is required to be done].
And whereas it appears that [set out averments showing failure to perform the act required to be done] and that you the said C.D. and E.F. were required by on the day of 20 , to [set out demand] but that you not regarding your duty in that behalf have wholly neglected and refused to [set out neglect or refusal].
NOW THIS IS TO COMMAND YOU the said A. B. and C. D. that you and each of you according to your duty do [set out command] and that you do make known to the High Court, Four Courts, Dublin, how you shall have executed this order and return forthwith this order to the High Court or that you do show to the High Court cause to the contrary thereof.
BY ORDER, &c. [as on Form No. 1].
RETURN TO ORDER OF MANDAMUS
(The return may either be indorsed on the back of the original order, or engrossed on a separate schedule.)
When indorsed on the back of the original order.
The answer of [the parties to whom the order is directed] to this order.
We, ....... to whom this order is directed, do most humbly certify and return to the High Court at the time and place in this order mentioned, that we have, &c. [when the return is an obedience to the order, the words of the mandatory part of the order should be recapitulated in the past instead of the future tense]. As by the said order we are commanded.
[To be signed by the parties making the return, or a sufficient number to form a quorum, unless they be a corporate body, in which case it is sufficient to attach the corporate seal].
When the return is indorsed on a separate schedule, indorse the original order [or as the copy served] thus: The return of ....... to this order [or if the return is obedience, say, the execution of this order] appears in the schedule hereunto annexed.
The answer of [To be signed or sealed as above].
ORDER OF PROHIBITION
....... Whereas it appears that you the said C. D. [set out particulars sufficient to show the nature of the proceedings to be prohibited].
And that you the said C.D. have no jurisdiction to hear and determine the by reason that [set out facts showing want of jurisdiction].
NOW THIS IS TO PROHIBIT YOU the said C. D. from further proceeding in the said
BY ORDER, &c. [as in Form No. 1].
ORDER OF ATTACHMENT
The Commissioner and members of the Garda Síochána.
THIS IS TO COMMAND YOU to attach C. D. so that you may have him before the High Court, Four Courts, Dublin, on the ....... day of ....... 20 ....... , to answer for certain trespasses and contempts brought against him in the High Court and you have there then this order.
BY ORDER, &c. [as in Form No. 1].
STATEMENT REQUIRED TO GROUND APPLICATION FOR JUDICIAL REVIEW
(a) Applicant’s name:
(b) Applicant’s address:
(c) Applicant’s description:
(d) Relief sought:
(e) Grounds upon which such relief is sought:
[Note: the applicant should state precisely each such ground, giving particulars where appropriate, and identify in respect of each ground the facts or matters relied upon as supporting that ground.]
(g) Applicant’s address for service within the jurisdiction (if acting in person):
Dated this ... day of ..... 20
Substituted by SI 691 of 2011, effective 1 January 2012.
AFFIDAVIT VERIFYING STATEMENT GROUNDING AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW OR A STATEMENT OF OPPOSITION
[to be appended to the statement concerned]
I, [name] of [address], aged eighteen years and upwards, being the [applicant]* [respondent]* in these proceedings, make oath and say as follows:
1. I have read this statement [or] This statement has been read to me by my solicitor.
2. So much of this statement as relates to my own acts and deeds is true, and so much of it as relates to the acts and deeds of any and every other person I believe to be true.
*Delete where inapplicable
Substituted by S.I. 310 of 2018 effective 2 September 2018.