Country
Ireland
Sources
InforMEA
Tagging
Burden of Proof, Permits, Remedies, Jurisdiction, Property, Evidence
Abstract
The principal relief which the applicants wish to obtain if they are permitted to commence proceedings is an Order of Certiorari quashing the recently made Statutory Instrument 367 of 2000. A variety of different grounds are advanced in support of the alleged entitlement of the applicants. Statutory Instrument 367/2000 was promulgated on the 21st November 2000 shortly after Judge Murphy quashed an earlier Statutory Instrument No. 3 of 2000 The first and third applicants in this application were respondents in that case. They, unlike the other unsuccessful respondents, have appealed to the Supreme Court and that appeal awaits a determination in that Court. The order will be that leave will be granted to apply for the reliefs which are set forth in paragraph D of the statement grounding the application upon the grounds set forth at paragraph B. But the Judge underlined that the grant of leave to apply for judicial review is not an indicator of the prospects of success at trial still less a warranty of victory. Neither is it the expression of a view as to the prospects of respondents at trial. It is a decision that applicants have met the low standard of proof required of them namely they have an arguable case. It is nothing more and nothing less than that. This grant of leave does not in any way hinder, impede or prevent the continued operation of S.I. 367/2000 or any part of it. That Statutory Instrument continues in full force and operation unless and until such time as this Court directs otherwise.