Comments on: A New Year Resolution http://www.mcgarrsolicitors.ie/2009/01/12/a-new-year-resolution/ 12 City Gate, Lower Bridge St, Dublin 8, Ireland. Ph:01 6351580 Wed, 01 Feb 2012 14:07:51 +0000 hourly 1 http://wordpress.org/?v=3.1.3 By: Granite http://www.mcgarrsolicitors.ie/2009/01/12/a-new-year-resolution/comment-page-1/#comment-3617 Granite Fri, 30 Jan 2009 16:54:45 +0000 http://www.mcgarrsolicitors.ie/?p=448#comment-3617 Very interesting post you wrote. Glad I have stumbled upon it. Cheers! Very interesting post you wrote. Glad I have stumbled upon it. Cheers!

]]> By: Tom Young http://www.mcgarrsolicitors.ie/2009/01/12/a-new-year-resolution/comment-page-1/#comment-3612 Tom Young Wed, 14 Jan 2009 21:20:39 +0000 http://www.mcgarrsolicitors.ie/?p=448#comment-3612 What I find most interesting is that Quo Warrento and Mandamus are rarely used. However, I see value in retaining and using at least Mandamus where a Regulatory body/organ of the state fails to act. Let's take some practical examples: IFSRA, ComReg, Aviation Authority, Competition Authority, Data Protection Authority and other quangos who sit on their hands while markets and undertakings run wild around them (Anglo Irish, Ryanair, BOI & eircom). JR'ing these bodies is something that can be done with relative ease this weather under Order 63A Rule G and most hit the financial limits. Kelly J would deliver a judgment fairly quickly also. It seems that the main instruments employed are Certiorari, Prohibition and (not that you mentioned it) declaratory reliefs appearing before the courts. Is the issue with Order 84 not one of Separation of Powers? Tom What I find most interesting is that Quo Warrento and Mandamus are rarely used. However, I see value in retaining and using at least Mandamus where a Regulatory body/organ of the state fails to act.

Let’s take some practical examples: IFSRA, ComReg, Aviation Authority, Competition Authority, Data Protection Authority and other quangos who sit on their hands while markets and undertakings run wild around them (Anglo Irish, Ryanair, BOI & eircom).

JR’ing these bodies is something that can be done with relative ease this weather under Order 63A Rule G and most hit the financial limits. Kelly J would deliver a judgment fairly quickly also.

It seems that the main instruments employed are Certiorari, Prohibition and (not that you mentioned it) declaratory reliefs appearing before the courts.

Is the issue with Order 84 not one of Separation of Powers?

Tom

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