Public Law and Judicial Review
Practical legal advice and assistance for Businesses
Amorys Solicitors specialist team of public law and judicial review
The area of public law which regulates the organisation, functions and procedures of public authorities is continually evolving. The sheer extent and diversity of state authorities and third parties carrying out work on their behalf means that public law applies to a vast breath of sectors including planning, telecommunications and licensing, environmental, labour relations, procurement, transport, data and information requests and education to name but a few.
Public law applies not only to government departments and local authorities but other public bodies such as universities and trade unions. Amorys Solicitors can advise clients on whichever aspects of public law that affect them as an organisation or as an individual. We have particular expertise in planning, procurement and commercial judicial review and have advised both local authorities and private individuals on their rights and obligations in these complex areas of public law.
Strategic and specialist advice
Judicial review is the process used for challenging the lawfulness of decisions or actions taken by public bodies in relation to the rights of private individuals or businesses. Order 84 of Superior Court Rules governs the judicial review procedure.
Judicial review proceedings must be brought within a relatively short timeframe. Once grounds for a judicial review arise, an application for leave to apply for a judicial review must be made within 3 months. This time-limit can only be extended under very specific circumstances. At this initial ‘leave stage’ an applicant must show the court that they have sufficient interest in the decision that they want to challenge. You must demonstrate that you have an arguable case and that you have a reasonable prospect of succeeding. If the court grants you leave to proceed then an application for judicial review can be brought.
Public Law & Judicial Review
There are different types of relief that can be granted by the court in judicial review proceedings:
- Certiorari – a decision can be quashed
- Mandamus – the court can compel the performance of a duty
- Prohibition – the court can prevent an action from taking place
- Declaration – a Judge can make a declaration on the rights of the parties
- Injunction – an action can be prevented or the taking of an action can be compelled
There are three types of injunction that can be granted by a court:
- Interim or Ex-Parte injunction – they only last for a very short time and can be granted without notice to the other party if there is considerable urgency.
- Interlocutory injunction – this is also available in urgent cases but the other side must be notified in writing. They usually last until the full hearing of the matter.
- Permanent injunction – this type of injunction is only every granted at a trial.
It is vital that you have an experienced solicitor in the area of public law and judicial review who can give you comprehensive and practical legal advice from the outset in this complex area of the law.
Strategic and specialist legal advice
At Amorys Solicitors we have gained particular expertise in advising public and private individuals on their powers, rights and obligations in relation to public law and judicial review. We provide strategic and specialist advice in the following specific areas :
- All aspects of local government and planning law including the rights and powers of local authorities, compulsory purchase orders, planning injunctions and Part V social housing requirements
- The application of the Freedom of Information Act 2014 to public and semi-state bodies
- The application of the Regulation of Lobbying Act 2015 to particular activities of an organisation
- Commercial judicial review, injunctions and procurement disputes
- Information entitlements of under-bidders for public sector contracts in the tender process according to EC Directives on Public Procurement and Public Procurement Guidelines
- State investigations and Inquiries
- Education law
- Access to social care
Contact one of our Solicitors today for a Comprehensive and Skilled Assistance
If you would like further information and legal advice regarding public law and judicial review proceedings, contact one of Amorys’ experienced solicitors based in our office in Sandyford, Dublin at firstname.lastname@example.org or call us on +353 (0)1 213 5940 to schedule an appointment and a member of our team will reply shortly.
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