4) Michael Mc Coy v Shillelagh Quarries Ltd and Ors  IECA 28:
We acted for the applicant in this matter who was seeking a planning injunction against the Respondent Quarry pursuant to Section 160. By way of a preliminary application, we issued a motion for a protective costs order pursuant to Section 7 of the Environmental (Miscellaneous Provisions) Act 2011. Ms Justice Baker applied the test set out in Hunter v Nurendale trading as Panda Waste and granted our client a protective costs order.
The Respondents appealed the decision to the Court of Appeal on the basis that the proceedings did not concern the enforcement of compliance with a particular planning consent. The substantive matter concerned a quarry that did not in fact have any planning permission, licence or permit. In a Judgment delivered by the Honourable Court on February 2015, the decision of the High Court was upheld and determined that cost protective orders could also be granted in circumstances where the applicant is seeking to enforce a statutory requirement- ie the requirement to have a permit, licence or planning permission.
This was yet another seminal decision in the context of environmental law.