Gabrel v Minister for Justice, Equality and Law Reform

Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2001] 6 ICLMD 55
Judgment Date/s:15 Mar 2001
Judge:Finnegan
Category:Deportation
Keywords:Deportation, Deportation Order

The court refused an extension of time for applying for judicial review where the applicant had been legally represented at all stages. It was argued that the applicant did not apply for judicial review due to the lack of diligence of her legal advisors.

The Court held that a litigant is vicariously liable for the default of his legal advisors (with some exceptions) and that in this case there was no good reason for extending time. The Court did, however, grant the applicant judicial review because the deportation order with which the applicant was served was defective by reason of its failure to state the date of the proposed deportation and the country to which she was to be deported.

Principles:A litigant is usually vicariously liable for the default of his legal advisors.
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