Mr. Kevin Baneham:

There was an SHD application in Barna, County Galway. There was a satellite point in relation to extended cost protection. That was addressed by the Court of Appeal and the Supreme Court. The finding was that if proceedings relate to the environment at all, cost protection arises in all aspects of the litigation. That was a very extensive interpretation, but a correct interpretation, in my view, of the text of the Act. It is not the only reason for it the increase in judicial reviews but it is a key part in the increase in numbers. It is not just the number of judicial reviews, but also the complexity internally. I have set out the grounds in each statement of grounds. In 2024 we had 780 grounds and we have to win every one of those grounds in order to sustain and defend the decision. That is really the challenge. It is not just the number but the extent of grounds cited. That shows the impact of Heather Hill judgment. Chapter 2 of Part 9 addresses some of the cost issues. Those are important steps in order to address the impact of the Heather Hill judgment and the wider legal costs regime.