#17450 - Admin Law Remedies Time As A Bar To Judicial Review - Administrative Law: Remedies

TIME AS A BAR TO JUDICIAL REVIEW TIME ORDER 84 RULE 21.1'an application for leave to apply for JR shall be made within three months from the date when grounds for the applications first arose'The claim form must be submitted within three months from the point when the claim first arose RATIONALE: Shell v McGrathThe state's need for certaintyAssurance that the state can undertake a public project without risk of interference by judicial review'the desirability of bringing finality to questions concerning the validity of such measures within a relatively short timeframe.''people are entitled to order their affairs on the basis that a measure…can be relied on' Stricter regimes for different applicants: IMMIGRANTS S. 5(2) of the illegal immigrants trafficking act 2000:Application shall be made within the period of 28 days commencing on the date on which the person was notified of the decision, determination, recommendation, refusal or making of the orderUnless HC considers there's 'good and sufficient' reason for extension DEVELOPERS S. 50(3) of the Planning and Development Act 2000Within 8 weeks which starts on the date of the decision of the planning authority or board.Unless HC considers there's 'good and sufficient' reason for extensionCircumstances must have been outside the control of the applicant FIRST AROSE • The point at which the wrong is committed against the applicant Is 'first arose' interpreted as: a. When the applicant became aware of the intention to undertake the illegal act b. When the agency formally promulgates its final decision? Mulcreevy v Minister for Local GovernmentWait until confirmation to prevent an applicant from being put through fruitless expense of challenging a decision which is then revoked Basically, becomes mootTime runs from the point at which the decision or order becomes irrevocable. Does the clock start when: a. the applicant discovers that the order was made? b. the order was made? The order makes clear that it is:'when the grounds for the application first arose' Veoilia Water v Fingal CC 2007'according to the ordinary meaning of the words of O 84' time runs from the date of the decision or actThe running of time is not dependent on the subjective knowledge of the applicant EXCEPTIONS? IMMIGRANTS s. (5)(2)Time runs from the date on which the person was notified of the decision or determination What about in the case of a policy or rule as opposed to a determination? Duffy v Laois Country Council Applicant challenged a policy made by Laois CC not to employ engineers in planning work when they were not based in Laois. He was informed of the policy in July. Did no move for JR until October. Council argued that he was just out of time HC:A policy or rule is a continuing illegality