Dear Resident
This is an update on MORA’s application for judicial review to overturn the decision by the Minister for the Department for Infrastructure to grant planning permission for the redevelopment of Casement Park to a capacity of 34,500.
We sought leave for judicial review on five grounds. Two of those grounds are constitutional, relating to the Minister’s power to make the decision on such a contentious project without first consulting with the Executive. The respondent on those grounds is The Executive Office. The remaining three grounds are based on planning issues. The respondent is the Department for Infrastructure.
The leave hearing was held on 25 November. The Department for Infrastructure and The Executive Office did not oppose the application for a full hearing. We have been advised that it is rare for the Respondents to take such a position.
Having regard to the position taken by the respondents, the judge granted leave on all of the grounds sought. The full hearing has been scheduled for three days in March 2022, i.e., the 20th to the 22nd.
The fact that leave has been granted on all of our grounds means that we have an arguable case. Thus, while we have reasonable prospects for success, the outcome is uncertain, as it is in any legal proceedings.
The successful leave application is an important milestone. Nonetheless, there is much work to be done in advance of the full hearings next March.
As many of you will have recently read online, we have had to take a decision to change our legal team. This was as a result of a perceived conflict of interest. Whilst it is regrettable that such a decision has attracted media attention, it is in many ways a distraction. The further mistruths that have circulated that we are now in some way responsible for the costs of the proceedings as a result of having changed solicitors are untrue.
We have instructed a new legal team with specialist knowledge in this area. Preparations for the full hearings are proceeding at pace and we remain on track for the full hearing listed for March 2022.
We would like to take this opportunity to thank our previous team at TLT Solicitors for their work to date in preparing a solid set of legal arguments to support our contention that the Casement Park planning permission should be quashed.
We hope you stay well in these difficult times.
Our best wishes for the holiday season,
Yours sincerely,
MORA Committee
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