What I do

For over a decade, I have been involved in complex public law litigation before national and EU courts. I act for individuals, businesses and organisations in judicial review challenges against the decisions of Irish public authorities.

What is judicial review

A judicial review is essentially a request to the High Court to examine the exercise of public power, usually in the form of a negative decision you have received from a public body. It is not an appeal on the merits, but on the processes the decision-maker used to reach a decision. It asks whether the decision was lawful, made within the decision-maker's powers and followed fair procedures.

Judicial review can also be used to challenge the policies and inaction of ministers and their departments, as well as other public authorities. Where it succeeds, the court can quash a decision, order a public body to act or refrain from acting, and require the matter to be decided again.

Common Grounds

A decision may be challenged where the body acted outside its legal powers (ultra vires), made an error of law, breached fair procedures or natural justice, was biased, failed to give adequate reasons, frustrated a legitimate expectation, or reached an unreasonable or disproportionate conclusion.

Who I act against

Judicial review proceedings can be brought against a broad range of public decision-makers, including:

• Ministers and their Departments
• State agencies and bodies
• Local authorities
• Regulatory and licensing bodies
• Tribunals and statutory decision-makers
• Higher education institutions

Time Limits

Judicial review is subject to strict time limits. An application must generally be made within three months of the decision. Some statutory schemes provide for shorter time limits.

What is a statutory appeal

Many statutes provide their own right of appeal from a decision to the High Court, confined to a point of law. It is a route created by specific legislation, with its own procedure and, usually, a shorter time limit than ordinary judicial review.