I propose to take Questions Nos. 620 and 621 together.
The detail relating to judicial reviews that my Department was responsible for in each of the years 1997 to 2007 inclusive is set out in the following tabular statement.
1997
Number of applications for Judicial Review initiated against the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
One
|
One
Settlement was reached on December 17th 2002
|
None
|
None.
As part of the settlement agreement the Minister agreed to pay the applicant’s legal costs of €242,857.75
|
Number of applications for Judicial Review initiated by the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
None
|
N/A
|
N/A
|
N/A
|
1998
Number of applications for Judicial Review initiated against the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
One
|
One
|
None
|
None
|
Number of applications for Judicial Review initiated by the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
None
|
N/A
|
N/A
|
N/A
|
1999
Number of applications for Judicial Review initiated against the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
Two
|
Two
|
None in both cases
|
Case 1
Costs of £200,502.61 were awarded against the State and were paid in 2001.
Case 2
Costs of €340,457.06 were awarded to the State in March 2007
|
Number of applications for Judicial Review initiated by the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
None
|
N/A
|
N/A
|
N/A
|
2000
Number of applications for Judicial Review initiated against the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
None
|
N/A
|
N/A
|
N/A
|
Number of applications for Judicial Review initiated by the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
None
|
N/A
|
N/A
|
N/A
|
2001
Number of applications for Judicial Review initiated against the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
One
|
Leave granted by High Court in April 2001. Applicants withdrew the case in May 2002
|
N/A
|
N/A
|
Number of applications for Judicial Review initiated by the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
One
|
The application was successful in 2002
|
None
|
None
|
2002
Number of applications for Judicial Review initiated against the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
One
|
One
However, the High Court rejected the application in 2003
|
None
|
None
|
Number of applications for Judicial Review initiated by the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
None
|
N/A
|
N/A
|
N/A
|
2003
Number of applications for Judicial Review initiated against the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
None
|
N/A
|
N/A
|
N/A
|
Number of applications for Judicial Review initiated by the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
None
|
N/A
|
N/A
|
N/A
|
2004
Number of applications for Judicial Review initiated against the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
Three
|
Case 1
N/A
Case settled
Case 2
Application was granted. However, the High Court rejected the application in 2005
Case 3
Application was granted. However, the High Court rejected the application in 2005
|
Case 1
None
Case 2
None
Case 3
None
|
Case 1
€22,086.25
Case 2
None
Case 3
None
|
Number of applications for Judicial Review initiated by the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
None
|
N/A
|
N/A
|
N/A
|
2005
Number of applications for Judicial Review initiated against the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
Three
|
Two applications pending
One application granted but the application was not heard as the matter was settled in 2007
|
None
|
None
|
Number of applications for Judicial Review initiated by the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
One
|
One.
However the application was not heard as the matter was settled in 2007.
|
None
|
None
|
2006
Number of applications for Judicial Review initiated against the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
Three
|
Two cases pending
One case heard
|
None
|
€23,367.00
|
Number of applications for Judicial Review initiated by the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
One
|
One
|
None — The Court found in favour of the Minister
|
None
|
2007
Number of applications for Judicial Review initiated against the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
One
|
Hearing set to commence 5 February 2008
|
Judicial Review not yet heard
|
Judicial Review not yet heard
|
Number of applications for Judicial Review initiated by the Department
|
Number of applications where leave was granted
|
Total damages awarded against the State
|
Total costs awarded against the State
|
None
|
N/A
|
N/A
|
N/A
|