K v Minister for Justice (Approved)

1.������ This is an application to add an individual currently identified as the applicant�s next friend, Mr. U., as an applicant pursuant to O. 15, r. 13. The application is only to include an additional applicant and not to amend the grounds for seeking judicial review or to seek further reliefs.� For the reasons set out below I am allowing this application.

2.������ A previous amendment was allowed by consent and the Minister relies on this in demonstrating that does she did not object to amendment she considered to be necessary.

4.������ The Minister opposes this application for an amendment because she says that she is prejudiced by the inclusion of Mr. U., an Irish citizen, and the prospect of having to meet a new additional case in relation to the constitutional rights of an Irish citizen which are stronger than any constitutional rights that may be asserted by the non-Irish, non-resident applicants.

�������������� ��at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.�

6.������ Thus, an amendment can be made either on the request of a party or on the court�s own volition. Either way, the clear intention of permitting such amendment is to ensure that the correct parties, and thereby the correct issues, are before the court.