Before most judicial reviews can proceed, the High Court must grant permission — leave. It is a filter: designed to stop hopeless cases consuming courts and respondents, and reached under the same unforgiving clock as everything else in this jurisdiction. Here is how it works, and where it has just been abolished.
Judicial review time limits are strict, are sometimes much shorter than three months, and can run from an earlier date than you expect. The courts can refuse late applications even within the stated period if you have not acted promptly. Nothing on this page calculates your deadline. If you believe a decision affecting you may be unlawful, contact a solicitor immediately.
The Mechanics
Your solicitor and counsel prepare two documents that will govern the entire case: the statement of grounds (reliefs sought, grounds pleaded) and the verifying affidavit (the sworn facts, exhibits attached). Counsel moves the application ex parte — without the respondent — in the High Court’s judicial review list. The judge reads, asks, and grants leave on all grounds, some grounds, or none.
The Thresholds
The default test is an arguable case: not proof you will win, but a stateable ground raised within time by someone with standing. Planning challenges under the 2000 Act carry the elevated substantial grounds test — grounds that are reasonable, arguable and weighty, not trivial or tactical. The elevation is deliberate: development consents attract challenges with commercial motives, and the Oireachtas set the door higher.
Why the Pleading Is Everything
The grounds granted at leave define the case permanently — amendment is constrained, and under the new planning regime expressly locked. This is the paradox of judicial review practice: the most consequential drafting happens in the first days, under the shortest deadline, with the least information. It is exactly why the same-week consultation matters — see how the limits run.
The Regime Without Leave
For planning decisions under the 2024 Act, Part 9 (in force since 1 August 2025) removes the leave requirement entirely. Proceedings simply issue — and the filtering moves to the respondent, who may apply to strike out for lack of standing or because the case is bound to fail. Same gatekeeping purpose, opposite procedural posture: the applicant no longer persuades a judge to open the door; the respondent must persuade one to close it. Full analysis: the 2024 Act changes.
After Leave
Leave granted, the respondent is served, delivers its statement of opposition and affidavits, and the case proceeds on the pleadings toward hearing — the road mapped in our process guide. A strong leave grant also changes the negotiating weather: respondents settle cases they expect to lose.
Facing a Leave Deadline?
The statement of grounds drafted this week governs the hearing next year. Get it right from day one.
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About the Author
Richard O’Shea, Solicitor practises with Mary Molloy Solicitors (established 1981), advising clients across Ireland on judicial review, public law, immigration and litigation. Richard holds a Diploma in Mediation from the Law Society of Ireland and acts in challenges to decisions of Government departments, tribunals, local authorities and other public bodies. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.