Judicial Review and Public Interest

KOD Lyons has a proud reputation for bringing successful applications for judicial review in connection with a wide range of legal issues. Over the years, we have successfully challenged judicial or quasi judicial decisions in the areas of criminal law, immigration and asylum law, mental health law and the law relating to coroner’s inquests. In some cases, these challenges have led to landmark changes in the law in these areas. We have vindicated our clients’ rights in important cases with regard to delay in the execution of warrants, excessively onerous bail conditions, the conduct of criminal trials and the right of access to legal advice by persons detained for drink driving offences.

We have led successful legal challenges against a range of public bodies including the Refugee Appeals tribunal, the HSE, Tusla the Child 7 family Agency and a variety of government departments and bodies.

We have invoked both the Constitution and international human rights documents in cases before the High Court and Supreme Court.  Notably, we achieved the decriminalisation of begging under the 1847 Vacancy Act.

Recent landmark cases include the successful challenge to the constitutionality of Section 12 of the Immigration Act 2004, E.D. v DPP, and the a preliminary reference to the European Court of Justice in H.I.D. and B.A. v MJELR which deals with the prioritisation of Nigerian asylum seekers and the question as to whether the Refugee Appeals Tribunal provides an effective remedy for the purposes of EU Law.

In the area of mental health law, we brought a case helping to secure the payment of disability allowance to patients found not guilty by reason of insanity.

We also have many years experience of challenging the unlawful detention of clients under a wide range of legal powers.

We have often secured the immediate release of our clients where they have been improperly detained for reasons such as:

  • Wrongful arrest
  • Lack of access to advice / representation
  • Sentences / remand in excess jurisdiction
  • Failure of the court to consider bail

We have an experienced team of judicial review solicitors who are fearless in challenging the status quo in order to vindicate their clients rights.

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