When is it time to seek Judicial Review? And how do I go about it?
Statue of Lady Justice at Dublin Castle
The process of Judicial Review made headlines again this week, this time in relation to an equestrian farmer who was refused planning permission by An Bord Pleanála to construct a dwelling house on her 18 acre farmland in the South Dublin townland of Rathcoole.
Naomi Hanlon says she was born and raised less than 150 metres from the development site at Carrigeen, Rathcoole, Co Dublin, and is now the full-time operator of the family farm and equestrian centre, which hold about 60 ewes and 10 horses.
Although the planning application was refused on the basis that the development would cause ˝random rural housing˝ in an urban area, Ms Hanlon stated that it was necessary for the operation of the farm for her to live on the land.
Mr Justice Charles Meenan was satisfied there the applicant had raised substantial grounds that warranted granting permission for Ms Hanlon to pursue a judicial review challenge.
The purpose of Judicial Review is to ensure that administrative decisions by public bodies are made in accordance with legal and constitutional principles.
Therefore, it predominately deals with the rather than with the substance of the decision, but there is some limited scope for review of the substance of a decision as well.
There are two types - a conventional Judicial Review and Statutory Judicial Review.
The difference is that Statutory Judicial Review involves statutory schemes, such as planning and asylum. The time limit is normally three months from the date when the grounds for the application first arose but can vary under certain statutory schemes.
For example, judicial review of a planning decision typically has to be brought within .
If you wish to begin Judicial Review proceedings, you should instruct a solicitor. If you are bringing an application for Judicial Review, you initially need to apply for leave or an order of habeas corpus in the High Court.
The reason the court looks for leave is to filter out frivolous applications or applications without merit early on.
In respect of planning matters before you bring a judicial review application you will have to show to a court that all other avenues were exhausted and that there were appeals of the decision of a planning authority to An Bord Pleanala.
If this has not been done, it is likely leave would be refused. The applicant will also need to show that he or she has a substantial interest in the proceedings, but also that he or she has substantial grounds for challenging the decision.
This application for leave can be made initially ex parte, which means the applicant doesn’t have to put the other party on notice.
The Judicial Review application would however have to be served on the other party and the applicant would need to set out the grounds for the application with an Affidavit and the other party will have an opportunity to respond and set out their position in a replying Affidavit or a statement of opposition.
If an application is successful the High Court can grant a number of reliefs including:
- Order of Certiorari which is that the High Court can cancel the original decision and the original decision-maker generally must then re-examine the case and issue a new decision.
- Order of Mandamus which the High Court can compel an adjudicating body to make a decision.
- Order of Prohibition which the High Court can prevent the adjudicating body from issuing a decision.
- A Declaration where the Court may issue a declaration of the rights of the parties.
- An injunction which can either prevent an action from occurring or compel an action.
- Damages if the court believes that this is a suitable remedy.
