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56.1 (1) This Part deals with applications -

(a) for judicial review (which includes mandamus, prohibition and certiorari);

(b) by way of originating motion under s.14(1) of the Constitution;

(c) for a declaration in which a party is the State, a court, a

tribunal or any other public body;

(d) where the court has power by virtue of any enactment to

quash any order, scheme, certificate or plan, any

amendment or approval of any plan, any decision of a

minister or government department or any action on the

part of a minister or government department.

(2) In this part such applications are referred to generally as

"applications for an administrative order".

56.2 An application for judicial review may be made by any person, group or

body which has sufficient interest in the subject matter of the application

including -

(a) any individual who can show that he has been

adversely affected by the decision which is the

subject of the application; or

(b) any body or group acting at the request of a person or

persons who would be entitled to apply under

paragraph (a); and

(c) any body or group that represents the views of its

members who may have been adversely affected by

the decision which is the subject of the application; or

(d) any statutory body where the subject matters falls

within its statutory remit; and

(e) any body or group that can show that the matter is of

public interest and that the body or group possesses

expertise in the subject matter of the application.

56.3 (1) No application for judicial review may be made unless the court

gives leave.

(2) An application for leave may be made without notice.

(3) The application must state -

(a) the name, address and description of the applicant and respondent; and

(b) the relief including in particular details of any interim relief sought; and

(c) the grounds on which such relief is sought; and

(d) the applicant's address for service; and

(e) whether an alternative form of redress exists and, if so, why judicial review is more appropriate or why the alternative has not been pursued; and

(f) details of any consideration which the applicant knows the respondent has given to the matter in question in response to a complaint made by or on behalf of the applicant; and

(g) whether any time limit for making the application has been exceeded and, if so, why; and

(h) whether the applicant is personally or directly aggrieved by the decision about which complaint is made; or

(i) where the applicant is not personally or directly aggrieved, what public or other interest the applicant has in the matter; and

(j) the name and address of the applicant's attorneys (if applicable); and

(k) the applicant's address for service.

(4) The application must be verified by evidence on affidavit which must include a short statement of all the facts relied on.

(5) The applicant must file his application for leave and affidavit

not later than the day before the application is to be heard.

56.5 (1) An application for leave to make a claim for judicial review

must be considered by a judge of the High Court.

(2) The judge may give leave without hearing the applicant.

(3) However, if

(a) the judge is minded to refuse the application; or

(b) the application includes a claim for immediate interim

relief; or

(c) it appears that a hearing is desirable in the interests of justice,

he must direct that a hearing in open court be fixed.

(4) The judge may direct that notice be given to the respondent

or the Attorney General of the hearing.

(5) Where the application relates to any judgment, order,

conviction or other proceedings which are subject to appeal,

the judge may adjourn consideration of the application to a

date after the appeal has been determined.

(6) The judge may allow the application to be amended.

(7) The judge may grant leave on such conditions or terms as he

considers just.

(8) Where the application is for an order of prohibition or

certiorari the judge must direct whether or not the grant of

leave operates as a stay of the proceedings.

(9) The judge may grant such interim relief as appears just.

(10) On granting leave the judge must direct when the case

management conference or, in case of urgency, the hearing of

the application for a judicial review should take place.

(11) Leave must be conditional on the applicant making a claim

for judicial review within 14 days.

56.6 (1) The judge may refuse leave or to grant relief in any case in

which he considers that there has been unreasonable delay

before making the application.

(2) Where the application is for leave to make a claim for an

order of certiorari the general rule is that the application must

be made within three months of the proceedings to which it relates.

(3) When considering whether to refuse leave or to grant relief because of delay the judge must consider whether the granting of leave or relief would be likely to -

(a) cause substantial hardship to or substantially prejudice

the rights of any person; or

(b) be detrimental to good administration.

56.7 (1) This rule applies where a claimant issues a claim for damages or

other relief other than an administrative order but where the

facts supporting such claim are such that the only or main relief

is an administrative order.

(2) The court may at any stage direct that the claim is to proceed

by way of an application for an administrative order.

(3) Where the appropriate administrative relief would be by way

of judicial review the court may give leave for the matter to

proceed as if an application had been made under rule 56.4.

(4) If the court makes a directions under paragraph (2) it must give

such directions as are necessary to enable the claim to proceed

under this Part.

56.8 (1) An application for an administrative order must be made by

a fixed date claim identifying whether the application is - (a) for judicial review; or

(b) under section 14(1) of the Constitution; or

(c) for a declaration; or

(d) for some other administrative order (naming it).

(2) The claim form in an application under section 14(1) of the

Constitution must be headed 'Originating Motion'.

(3) The claimant must file with the claim form an affidavit.

(4) The affidavit must state -

(a) the name, address and description of the claimant and the defendant;

(b) the nature of the relief sought identifying

(i) any interim relief sought; and

(ii) whether the claimant seeks damages, restitution

or recovery of a sum due or alleged to be due,

setting out the facts on which such claim is based and.,

where practicable, specifying the amount of any money

claimed;

(c) in the case of a claim under s 14(1) of the

Constitution, setting out the provision of the

Constitution which the claimant alleges

has been, is being or is likely to be breached;

(d) the grounds on which such relief is sought;

(e) the facts on which the claim is based;

(f) the claimant's address for service; and

(g) giving the names and addresses of all defendants to

the claim.

(4) The general rule is that the affidavit must be made by the

claimant or where the claimant is not an individual by an

appropriate officer of the body making the claim.

(5) If the claimant is unable to make the affidavit it may be

made by some other person on his behalf but must state why

the claimant is unable to make the affidavit.

(6) On issuing the claim the court office must fix a date for a case management conference which must be endorsed on the claim form.

(7) The general rule is that the case management conference must take place no later than four weeks after the date of issue of the claim.

(8) However, any party may apply to a Judge in Chambers for

that date to be brought forward or for an early date to be fixed

for the hearing of the application for an administrative order.

(9) The application may be without notice but must be supported by

evidence.

56.9 (1) When an application is made for an administrative order the

application must be made public in the following way.

(2) There must be posted in a prominent position accessible to the public in the court office a notice stating

(a) the date the claim was filed; and

(b) the name and address of the claimant; and

(c) the name and address of the defendant; and

(d) a short description of the nature of the complaint; and

(e) the date time and place of the case management conference.

56.10 (1) The general rule is that, where permitted by the

substantive law, the applicant may include a claim for

any other relief or remedy that arises out of or is related

or connected to the subject matter of an application for

an administrative order.

(2) The court may however at any stage -

(a) direct that any claim for other relief be dealt with

separately from the application for an administrative

order; or

(b) direct that the whole application be dealt with as a

claim and give appropriate directions under Parts 26

and 27; and, in either case,

(c) make any order it considers just as to costs that have

been wasted because of the unreasonable use of the

procedure under this rule.

56.11 (1) The claim form and the affidavit in support must be served

on the defendants not less than 14 days before the date fixed

for the case management conference.

(2) A claim form relating to an application under s 14(1) of the

Constitution must be served on the Attorney General.

(3) Where leave has been given to make a claim for judicial review the claimant must also serve a copy of -

(a) the application for leave;

(b) the affidavit in support; and

(c) the order giving leave.

(4) Where the Attorney General is not a defendant, the claimant

must give notice of the claim to the Solicitor General

immediately after service of the claim on any defendant.

(5) The notice must have attached to it a copy of the claim and

the affidavit in support.

(6) The claimant must file at the court office not less than 7 days before the date fixed for the case management conference an

affidavit which -

(a) gives the names and addresses of all defendants who

have been served with the claim;

(b) states the date and place of service on each such

defendant;

(c) states when the notice under paragraph (2) was given

to the Solicitor General; and

(d) if any defendant has not been served states that fact

and the reason for it.

(7) If the judge considers that any person who should have been

served has not been served the judge may adjourn the case

management conference to a fixed date and give directions

for service.

(Part 5 deals generally with the service of claims)

56.12 Any evidence filed in answer to an application for an administrative

order must be by affidavit but the provisions of Part 10 apply to such affidavit.

56.13 (1) At the case management conference the judge must give any

directions that may be required to ensure the expeditious and

just trial of the claim and the provisions of Parts 25 to 27 of

these Rules apply.

(2) The judge may allow the claimant to amend any claim for an

administrative order or to substitute another form of application

for that originally made.

(3) At the case management conference the judge may allow any

person who appears to have sufficient interest in the subject

matter of the claim to be heard whether or not he has been

served with the claim.

(4) The judge must direct whether any person or body having

such interest is to make submissions by way of written brief

or whether such person or body may make oral submissions

at the hearing.

(5) Where there is more than one claim by one or more persons

or bodies or against one or more persons in respect of the

same office made on the same grounds the judge may direct

that they be consolidated.

56.14 Any application during a claim for an administrative order must be

made to the judge who heard the case management conference unless that judge otherwise directs.

56.15 (1) At the hearing of the application the judge may allow any person

or body which appears to have a sufficient interest in the subject

matter of the claim to make submissions whether or not he has

been served with the application.

(2) Such a person or body must make submissions by way of a written brief unless the judge orders otherwise.

(3) The judge may grant any relief that appears to be justified by the

facts proved before him whether or not such relief should have

been sought by an application for an administrative order.

(4) The judge may, however, make such orders as to costs as appear to him to be just including a wasted costs order.

(5) Where the judge makes any order as to costs he must assess them.

(Part 66 deals with the court's discretion on costs)

56.16 (1) Where the claimant seeks an order of certiorari to remove

any proceedings for the purpose of quashing them, the

claimant may not question the validity of any order, warrant,

commitment, conviction or record unless before the trial he

has lodged with the court office a copy of the order, etc., verified by affidavit or can account for his failure to do so to the satisfaction of the court.

(2) Where the claim is for an order of certiorari, the judge may if satisfied that there are reasons for quashing the decision to which the claim relates -

(a) direct that the proceedings be quashed on their

removal to the High Court; and

(b) remit the matter to the court, tribunal or authority

concerned with a direction to reconsider it and reach

a decision in accordance with the findings of the

High Court.