Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Judicial Reviews.

Dáil Éireann Debate, Wednesday - 30 January 2008

Wednesday, 30 January 2008

Ceisteanna (552, 553)

Damien English

Ceist:

620 Deputy Damien English asked the Minister for Enterprise, Trade and Employment the cost to and the damages paid by the State in relation to judicial reviews that his Department were responsible for in each of the years 1997 to 2007, inclusive; and if he will provide the information in tabular readable form. [1110/08]

Amharc ar fhreagra

Damien English

Ceist:

621 Deputy Damien English asked the Minister for Enterprise, Trade and Employment the number of applications for judicial review that his Department was responsible for in each of the years 1997 to 2007; the number of applications where leave was granted for each year; and if he will present the information in tabular readable form. [1125/08]

Amharc ar fhreagra

Freagraí scríofa

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

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