No. 1

THE HIGH COURT
PLANNING & ENVIRONMENT

STATEMENT OF GROUNDS
(APPLICATION FOR JUDICIAL REVIEW) 

[Title]

A. Name, address and description of the applicant

B. Reliefs sought

C.  Grounds of Relief

Part 1 - Core grounds of relief
[Note: the core grounds should be succinct and should be in the following format.  Where a discrete ground covers more than one heading that cannot be distinguished without undue repetition, the ground may be inserted under the most appropriate heading having regard to any Practice Direction issued by the President in that regard] 

(1) DOMESTIC LAW GROUNDS 

1. The [define the decision] (“the impugned decision”) is invalid in that it contravenes Article X of the Constitution by failing to [indicate broad heading of the infirmity], further particulars of which are set out in Part 2 below.

2. The impugned decision is invalid in that it contravenes s. X of the .... Act or reg. Y of [regulations] Z by failing to [indicate broad heading of the infirmity], further particulars of which are set out in Part 2 below.

3. The impugned decision is invalid in that it is [unreasonable/ disproportionate/ lacks reasons etc.] insofar as it ..... [indicate broad heading of the administrative law infirmity], further particulars of which are set out in Part 2 below.

4. The impugned decision is invalid in that it is incompatible with the State’s obligations under art X of the ECHR, a Convention provision for the purposes of s. 3 of the European Convention on Human Rights Act 2003, by failing to [indicate broad heading of the infirmity], further particulars of which are set out in Part 2 below.

(2) EU LAW GROUNDS 

Validity of the decision

5. The impugned decision is invalid in that it contravenes art. X of directive Y being a provision that is [transposed by s. X of the .... Act and/or (as appropriate) directly effective against the State and its emanations], by failing to [indicate broad heading of the infirmity], further particulars of which are set out in Part 2 below.

Non-transposition (giving rise to declaratory relief)

6. The [State respondents] have wholly failed to transpose art. X of directive Y by failing to [indicate broad heading of the infirmity – for example, specify any conservation objectives in respect of species Z at European Site A, or because art. X [or a specified part of it] of directive Y has not been transposed into law], further particulars of which are set out in Part 2 below.

7. The [State respondents] have failed adequately to transpose art. X of directive Y by [indicate broad heading of the infirmity – for example, that the purported transposition set out in section B of Act C does not achieve the objective required by art. X of the directive because ....  ], further particulars of which are set out in Part 2 below.

(3) GROUNDS REGARDING MEASURES OF GENERAL APPLICATION

Consequential invalidity of impugned decision

8. The impugned decision is invalid by reason of having been made under or by reference to an invalid enactment, further particulars of which are set out in the following core ground(s) and the associated further particulars in Part 2 below.

Ultra vires

9. Regulation .... of the [name of instrument] (S.I. No. ....) and/or paragraph .... of the  .... Guidelines is ultra vires and invalid in that it contravenes s. X of the .... Act, by providing/ failing to provide ... [indicate broad heading of the infirmity], further particulars of which are set out in Part 2 below.

Unconstitutionality

10.  Section .... of the .... Act.... and/or regulation .... of the [name of instrument) (S.I. No. ....) and/or paragraph .... of the  .... Guidelines is invalid in that it contravenes Article X of the Constitution by providing/ failing to provide ... [indicate broad heading of the infirmity], further particulars of which are set out in Part 2 below.

Invalidity by reference to EU law

11.  Section .... of the .... Act.... and/or regulation .... of the [name of instrument] (S.I. No. ....) and/or paragraph .... of the  .... Guidelines is invalid in that it contravenes art. X of directive Y being a provision that is [transposed by s. X of the .... Act and/or (as appropriate) directly effective against the State and its emanations], by providing/ failing to provide ... [indicate broad heading of the infirmity], further particulars of which are set out in Part 2 below.

Invalidity by reference to s. 3(1) of the European Convention on Human Rights Act 2003 

12.  Paragraph .... of the  .... Guidelines (or other general instrument not subject to s. 5(1) of the European Convention on Human Rights Act 2003) is incompatible with the State’s obligations under art X of the ECHR, a Convention provision for the purposes of s. 3(1) of the European Convention on Human Rights Act 2003, by providing/ failing to provide ... [indicate broad heading of the infirmity], further particulars of which are set out in Part 2 below.

ECHR-compatibility (giving rise to declaratory relief)

13.  Section .... of the .... Act.... and/or regulation .... of the [name of instrument] (S.I. No. ....) (or other general instrument subject to declaration of incompatibility under s. 5 of the European Convention on Human Rights Act 2003) is incompatible with the State’s obligations under art X of the ECHR, a Convention provision for the purposes of s. 5 of the European Convention on Human Rights Act 2003, by providing/ failing to provide ... [indicate broad heading of the infirmity], further particulars of which are set out in Part 2 below.

Part 2 – Detailed particulars of the grounds upon which each relief is sought: [Note: the applicant should state precisely each such ground, giving particulars where appropriate, and identify in respect of each ground the facts or matters relied upon as supporting that ground.]

D.  Grounds and factual particulars demonstrating how the application meets all necessary jurisdictional criteria

E.  Chronological narrative of the factual grounds on which the application is based

F. Name and registered place of business of the applicant’s solicitor (if any): [Note: leave this section blank if not applicable] or Applicant’s address for service within the jurisdiction (if acting in person)

G. Email address for applicant’s solicitor (if any) or for applicant (if acting in person)

H. Word Count:

Dated this ... day of ..... 20..

(Signed) ………………………………………..

Solicitor for Applicant
[or Applicant (if acting in person)]