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

The application for judicial review did not have sufficient public nature to justify dispensing with the requirement for an undertaking as to damages; therefore, the applicants must provide such an undertaking as a condition for continuing the proceedings.

Citation: [2001] 2 ILRM 151
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 condition for 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

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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 from applicants in judicial review of planning permission

Ratio Decidendi

Court Disposition

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

Orders

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