Public Law

Planning and Environmental Law

Judicial Review

Since 1976 we have handled every judicial review brought against An Bord Pleanala, the vast majority of them successfully. We have done the same for the Environmental Protection Agency since 1994 when it was set up. Our more important recent cases can all be found on the Courts Service and British and Irish Legal Information Institute websites (www.bailii.org and www.courts.ie).

Judicial review is all about fair procedures – the right to a fair hearing in accordance with law before an impartial adjudicator. We know the potential pitfalls. We know how to explain to the Court what procedures were adopted and why. At any time, we are likely to be handling up to 10% of the judicial review cases coming before the High Court on a given Monday. We have been involved in many of the cases where the major rules were laid down and where the law has been interpreted. Whether you are seeking to challenge or defend a decision, or merely want advice on best practice, we have the experience to help.

Enforcement

We carry out enforcement of environmental law for the Environmental Protection Agency and Laois County Council. We also enforce planning law for the Council. Whether it is a polluting factory, painting the skies red, or a piggery filling the fields with slurry, or a quarry threatening endangered species, we have been involved in the actions to stop the offenders and have them punished. A certain forensic approach to factual issues, attention to detail, and a rigorous knowledge of the legal provisions and potential technical defences are, we believe, the key to success in this area.

Agreements and Commercial Matters

In the course of our work for regulatory agencies, we have been involved in the drafting of bank guarantees, in devising innovative agreements to cover company liabilities, and in drafting, amending and concluding commercial agreements for the supply of services to our clients.

Advice

As well as conducting legal proceedings for our clients, we also provide legal advice on the legislation under which they operate. We take the various Acts, Regulations, and European Directives, and explain them in a way that makes sense and reconciles apparent contradictions. Where this is impossible, we look at other ways of avoiding the difficulty. We think the important thing is to provide simple, comprehensible, accurate advice.

European Law

The European Union is more than 50 years old, and its laws reach into every corner of our lives, and affect and alter national laws. We work with these laws every day, analysing how they impact on Irish law and what results they give rise to. We have worked with this legislation in litigation, using it to support our clients’ positions. As a result of our interventions, our clients have successfully resisted many applications for references to the European Court, thereby reducing delays to their cases, and also reducing legal costs.