Mr. Séamus Clarke:

Absolutely. That is a very good point. Persons seeking interim relief or injunctive relief traditionally have to give an undertaking as to damages should they not succeed in their litigation and that in itself could potentially be a deterrent to somebody going before the courts for interim relief. It is something that would have to be considered by the Legislature because I do not think it is something that could be covered by Circuit Court rules, for example. We are dealing with new territory, with situations where interim relief would be opened up in circumstances not traditionally seen before and the Circuit Court would have to deal with that. Again, as I have often pointed out, the resources of the Circuit Court would have to be there too. We are talking about people in the Circuit Court dealing with a complex area which will have to be newly thought through by judges, which could prevent other cases being heard on that day. Therefore, it would have to be properly resourced but I agree with the Deputy that having to give an undertaking as to damages in an injunctive case could potentially be a deterrent to an applicant.