Seery v. An Bord Pleanala [2001] IEHC 13; [2001] 2 ILRM 151 (25th January, 2001)

Seery v. An Bord Pleanala [2001] IEHC 13; [2001] 2 ILRM 151 (25th January, 2001)

The application for judicial review does not have the necessary public nature to constitute a countervailing factor; therefore, the applicants must provide an undertaking as to damages as a condition of continuing the judicial review.

Citation
[2001] IEHC 13
Parties
Applicant: Applicants; Notice Party: Second and Third Named Notice Parties
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Post Leave, Application for Undertaking as to Damages
Outcome
Undertaking as to damages required as condition for continuation of 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

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Parties

Applicants

Applicant

Second and Third Named Notice Parties

Notice Party

Procedural Posture

Judicial Review / Post Leave, Application for Undertaking as to Damages

Legal Issues

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

Ratio Decidendi

The application for judicial review does not have the necessary public nature to constitute a countervailing factor; therefore, the applicants must provide an undertaking as to damages as a condition of continuing the judicial review.

Court Disposition

Undertaking as to damages required as condition for continuation of judicial review.

Orders

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