High Court of Justice in Northern Ireland Queen's Bench Division Decisions

 


Ref: McC10607

Neutral Citation No: [2018] NIQB 25

Judgment: approved by the Court for handing down

(subject to editorial corrections)*

JR 18/016219/1

Delivered: ex tempore & edited 15/03/2018

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND ________ QUEEN'S BENCH DIVISION (JUDICIAL REVIEW) ________ IN THE MATTER OF AN APPLICATION BY GERARD SCARLETT FOR LEAVE TO APPLY FOR JUDICIAL REVIEW _______

MCCLOSKEY J

1. This is the formal, written incarnation of the court's ex tempore decision given on the above date.
2. Mr Scarlett, who is self-representing, seeks to challenge a decision and order made by the Honourable Mr Justice O'Hara in the Family Division of the High Court whereby Mr Scarlett's appeal against a decision of a first instance court (unidentified) made in proceedings involving the care of his children was dismissed.
3. While Mr Scarlett appears to recognise that recourse to judicial review is a matter of last resort, all other available remedies having been exhausted, the incurable infirmity in his case is that the judicial review jurisdiction of the High Court is not available to challenge the decisions and orders of other divisions of the High Court. By virtue of this fundamental fallacy, the order must be one dismissing his application for leave to apply for judicial review.
4. I make no order as to costs, recording that no other agency participated in these proceedings.