Under Section 50B and Section 7 of the Planning and Development Act, provision is made which gives exception to the standard principle that costs follow the event. This is due to the fact that EU directives state that access to justice should be available to all who require it. Consequently, these above sections state that each side of a case must bear their own costs, unless the case in question is judged as being frivolous, whereby an order for costs can be made.
Section 50B of the Planning and Development acts offers protection in regards to cases of judicial review proceedings. As example, see SAMRA versus An Bord Pleanala.
Section 7 of the Planning and Development act offers protection in regards to cases concerning environmental compliances. As example, see McCoy versus Shillelagh.
These sections are important primarily because they offer prospective clients peace of mind about the prohibitive financial implications of such costly litigation. Whilst there is no definite guarantee that either section will apply to a potential client’s case, O’Connell & Clarke Solicitors can advise such clients as to whether their case would fall under the remit of Section 50B or Section 7