Practical Understanding of Judicial Review In Ireland For Decision Makers

Judicial review plays an important role in supporting lawful, transparent and robust decision-making by public bodies in Ireland, and it continues to evolve in response to constitutional, statutory and EU law developments. This course will give you a clear, practical understanding of how judicial review operates in the Irish Legal system and how it applies in real-world contexts such as planning, environmental decision making, and the work of local authorities and regulators. Whether you are advising on risk, making administrative decisions, or considering a potential challenge, this course will equip you with the confidence to identify vulnerabilities early, apply best practice in decision-making, and navigate the procedural and strategic complexities of judicial review before the Irish courts.

All attendees will receive a full course pack to refer to and will have the benefit of learning from a trainer with a wealth of experience in this area.

Topics

Introduction to Judicial Review in Ireland

• Legal Basis
  
  • Irish Constitution provisions (Articles 34-37, 40-44)
  • Statutory basis (e.g., judicature (Ireland) Acts, Rules of the Superior Courts)
• Key principles:
  
  • Ultra vires, legality, procedural fairness
  • Standing (locus standi) and justiciability
• Remedies:
  
  • Certiorari, prohibition, mandamus, declarations, injunctions
• Leading Irish Cases:
  
  • State (Nicolaou) v An Bord Uchtála
  • Meagher v Minister for Justice

Judicial Review Process & Strategy

• How to bring a JR claim
  
  • Time Limits (0.84, RSC)
  • Pre-action protocols
  • Importance of pleadings and affidavits
• Procedural Overview:
  
  • High Court jurisdiction (Civil Judicial Review List)
  • Role of the Supreme Court on appeal
• Common Pitfalls in Irish JR practice

Case Study Discussion: Analyse a JR scenario – Standing, Remedies and rocedure

Judicial Review in Planning and Environmental Law

• How judicial review in a planning and environmental context differs
  
  • Time Limits (s.50)
  • Pre-action protocols
• Legislation and key instruments:
  
  • Planning & Development Act 2000
  • Planning and Development Act 2024
  • Low Carbon and Climate Action Development Act
  • EU Law influence (e.g. Habitats Directive, EIA Directive)
• Grounds for JR
  
  • Procedural impropriety in planning decisions
  • Illegality, irrationality, proportionality
  • Failure to comply with environmental obligations
  • Failure to comply with climate obligations
• Leading Irish Cases
  
  • Walsh v An Bord Pleanála
  • McKenna v An Bord Pleanála
  • Recent environmental obligations

Judicial Review for Local Authorities & Regulators

• Overview of local authority powers:
  
  • Licensing, zoning, housing, planning enforcement, waste management
• Common grounds for challenge:
  
  • Ultra vires decisions
  • Failure to follow statutory procedures
  • Abuse of discretion
• Regulatory JR:
  
  • An Bord Pleanála, Environmental Protection Agency, Health and Safety Authority
• Recent Irish Cases and lessons learned

Exercise – JR Challenge to a Regulatory / Local Authority Decision

Integrating JR Principles Across Sectors

• Comparing Planning vs Local Authority JR
• Best practice tips for lawyers and practitioners
  
  • Pre-action protocols
  • Evidence collection and submissions
  • Remedies strategy

Summary of Core Principles

Top 5 Practical Tips for Practitioners in Ireland

Who Should Attend?

This course will be highly beneficial to solicitors, barristers, in-house legal advisers, local authority officials, policy advisers, civil servants, regulatory staff, decision makers, planners, environmental regulators, statutory boards, consultants, professional advisors, stakeholders, housing departments, developers, regulatory agencies, public bodies and academics to name just a few.

Certification

On completion of this one-day training course, you will receive your Certificate of Attendance. Please note certificates are issued at the close of the training course to participants on completion of the course.

This course may qualify for CPD points. Please check directly with your association or awarding body to see how many points they will award.

Cost

An ‘Early Bird’ discounted rate of €545 is currently available. This training course normal rate is €645. Places are limited and are allocated on a first come first served basis. PLEASE NOTE THE EARLY BIRD RATE CLOSES 3 WEEKS PRIOR TO COURSE DATE.

The course cost includes all course documentation and Certificate of Attendance.