Ms Kim Duffy:

The key element of the expedited procedure is that it was introduced in June 2024, and it has proven highly effective for priority cases. It involves a shorter hearing time, so it is a one-day case maximum and there are tighter timeframes for the filing of documents. The biggest advantage of those two factors is that the parties can get a hearing date sooner. The expedited procedure will apply as a default to challenges within the renewable energy directive, but it is also frequently applied for in proceedings alleged to be SLAPPs, in SID cases and in cases involving access to information on the environment. It will not apply in any case where cross-examination has been ordered. The intention is that the expedited procedure will only be applied in a minority of cases at any given time. An application for an expedited procedure can be made at any time in the process. That includes prior to the granting of leave. That is made on notice to the list registrar and the other parties, and crucially the consent of the other parties is not required. To apply, a party completes a checklist that is available on the webpage. They email that to the registrar. The matter is listed in the next convenient Monday. The expedited procedure will be afforded to any given case, including the default cases, at the discretion of the court and having regard to judicial capacity and workload at any time.

The majority of renewable energy cases seeking a date availed of it, which is more than 90%, as well as some other infrastructure cases. While there is no wait time to get a date, the estimated average time for major infrastructure cases from application to a day for hearing is between approximately four and six months. Bearing in mind it takes approximately four months to compile and complete the paperwork as it is, that has been ground down to the bare minimum. That process, including the paperwork, is all case managed and timetabled. Again, the procedure is available to any party applying and the court, having an available slot, will do its best.