Judicial Review

The Irish legal landscape has become increasingly complex as the number of State Agencies has increased. As a result an increasing number of decisions impact on the rights of individuals and businesses.

We advise clients on the statutory remit of government agencies and public bodies, as well as representing them in Judicial Review proceedings. Timothy Smyth has extensive experience in advice clients in respect of their interaction with public bodies and also acting for clients bringing Judicial Review proceedings in the High Court.

Elements of concern for individuals engaging with statutory bodies include:

whether they are in compliance with their statutory requirements;

whether decisions are proportional in accordance with the principles of natural justice;

whether fair procedures have been followed.

What is Judicial Review?

Judicial Review is a procedure in which the Courts provide remedies against the abuse of the executive power of the State and public bodies. A person who feels that a decision of a public authority, such as a government minister or department, the District or Circuit Court, a semi-state body, or a local council has violated his or her rights, may apply to the High Court for Judicial Review of that decision.

The High Court will be mainly concerned about the manner in which the decision-making person or body has exercised the relevant power in making the decision, rather than the merits of the decision itself. Public decisions may also be judicially reviewed by the High Court to determine whether they are unconstitutional or illegal under Irish or European Law.

Although Judicial Review proceedings usually focus on applications to overturn a decision that has already been made by a public body, Judicial Review can also be brought to compel a public body to comply with its statutory obligations or to prevent it following a procedure that is unfair, outside its remit or not in compliance with relevant legislation.

There are two stages in proceedings for Judicial Review; firstly leave to apply for Judicial Review (ex parte) and secondly, where leave is granted, the substantial application is heard.

What sort of bodies are subject to Judicial Review?

Some examples of public bodies making decisions include:

Decisions of Local Councils

Decisions of the Tusla / the Child and Family Agency

Decisions of the Property Services Regulatory Authority

Decisions by a professional regulatory authority such as An Board Altranais, the Medical Council and the Law Society

Decisions of Government Departments

Decisions of the District and Circuit Courts

Decisions of the National Transport Authority

Decisions of An Bord Pleanala

Timothy Smyth Solicitors

Many individuals encounter difficulties with public bodies and Timothy Smyth can advise and, if necessary, issue Judicial Review proceedings in the High Court.

Timothy advises individuals, businesses and representative bodies on the statutory powers of public bodies and whether they have followed fair procedures. He has a successful track record in having decisions set aside.