Seery v. An Bord Pleanala [2000] IEHC 123 (2nd June, 2000)

As the effect of granting leave to apply for judicial review in this planning matter is akin to an interlocutory injunction, and as the application does not have the necessary public nature to constitute a countervailing factor, the applicants must provide an undertaking as to damages as a condition of continuing the proceedings.

Citation: [2000] IEHC 123
Parties: Applicant: Applicants; Notice Party: Second and Third Named Notice Parties
Jurisdiction: Ireland
Procedural Posture: Judicial Review / Application for Undertaking as to Damages After Leave Granted
Outcome: Undertaking as to damages required from applicants as a condition of continuing judicial review.
Legal Topics: Judicial Review, Undertaking as to Damages, Planning Permission, Interlocutory Injunctions

Administrative Law Planning Law Judicial Review Undertaking as to Damages Planning Permission Interlocutory Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2

Parties

Applicants

Applicant

Second and Third Named Notice Parties

Notice Party

Procedural Posture

Judicial Review / Application for Undertaking as to Damages After Leave Granted

Legal Issues

1 Whether an undertaking as to damages should be required as a condition of continuing judicial review proceedings in a planning matter

Ratio Decidendi

Court Disposition

Undertaking as to damages required from applicants as a condition of continuing judicial review.

Orders

Applicants must provide an undertaking as to damages to continue the judicial review proceedings.