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M21 - Limerick to Rathkeale/Foynes [approved by An Bord Pleanala]



  • Registered Users Posts: 5,483 ✭✭✭ prunudo

    Should be thrown out of court on the first day.

  • Registered Users Posts: 234 ✭✭ lordleitrim

    I wonder how long such a High Court case can take or wait to be scheduled? Are we talking months or years?

  • Registered Users Posts: 569 ✭✭✭ MICKEYG

    I wondered this too.

    If the court case fails who picks up the costs for the delay?

  • Registered Users Posts: 5,270 ✭✭✭ Chris_5339762

    I don't know the answer to this, but both appear to me to be tenuous, so will likely be thrown out, but the second one would probably be appealed to the Supreme Court, who won't be interested.

    My own (PURELY my own) estimated timeline for all of this - two years.

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  • Registered Users Posts: 836 ✭✭✭ Hibernicis

    It's a bit like asking how long does it take to build a house. or a road. Anything is possible.

    With a fair wind the JR could be complete by the end of this year or thereabouts. Or, if the proceedings are complex, the judge is busy, other intervening variables etc. etc. it could run longer. At the outside 2 years, but I'd say that that is unlikely in this case. From what (little) we know it looks straight forward enough.

    After that, it could be taken to the Court of Appeal and/or the Supreme Court. Which could add a lot more to the timeline.

  • Registered Users Posts: 836 ✭✭✭ Hibernicis

    If you mean the increased costs resulting from construction starting in 20xx instead of 2023/2024/2025 (as a result of construction inflation) then that will be borne entirely by the exchequer/eu.

    If you are talking about the legal costs, there is no definitive answer. Generally in Law, costs follow the event (in very simple terms the looser pays). However some planning related appeals fall under a provision of the Aarhus Convention which seeks to ensure that the high costs attached to legal action do not serve to prevent individuals or groups taking action where environmental issues arise. In other words the convention seeks to ensure access to justice in relation to environmental matters. What is/isn't covered by this is much debated (the Supreme Court ruled on one case relating to this only a few weeks ago, and overturned a prior ruling by the Court of Appeal, which in turn overturned the High Court decision). But is does explain this constant appearance of snails, dragonflies, rare pink flowers and what not, which get lumped into the JR cases and appeals thereby opening the gate to plaintiff not having to pay the defendant's (ABP, State etc) costs. I'd emphasise that there is no certainty, but making it "an environmental" case does open up the possibility of the person making the appeal ducking the other side's costs if they are unsuccessful.

    Post edited by Hibernicis on

  • Registered Users Posts: 569 ✭✭✭ MICKEYG

    Agreed. Crazy that a project of this scale can be held up for so long.

    I think once PP is given, any JR should be immediate. This means resources but the cost of that must be exponentially cheaper than the delays

  • Registered Users Posts: 836 ✭✭✭ Hibernicis

    Further article in the independent

    The article confirms that there are three JR cases, and that prelim work will not proceed while these are ongoing

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