E139 The Fifth Court - Tom Flynn SC, Planning judicial reviews, costs caps and access to justice

Episode 139 | Tom Flynn SC on planning judicial reviews, costs caps and access to justice

In Episode 139 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Tom Flynn SC, a leading planning and environmental law practitioner.

The discussion examines the State’s proposal to cap recoverable legal costs in planning judicial reviews, the policy rationale behind the measures, and the potential consequences for access to justice, equality of arms and Ireland’s obligations under the Aarhus Convention.

Key themes

• Judicial review and the reality behind infrastructure delay claims
• Proposed scale fees and their practical impact on applicants
• Environmental litigation, expert evidence and cost recovery
• Fairness, constitutional rights and public law accountability
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Decisis.ie – Case law discussed (with thanks to section sponsor Charlton Solicitors):

• Doyle v Buckley – payment out of client funds following prolonged costs disputes
• Criminal Assets Bureau v Humphreys – freezing orders where funds are partly tainted
• Criminal Assets Bureau v X, Y and Z – unlawful access to family law records and consequences for proceeds-of-crime applications

Also

Nominations are now open for the Irish Law Awards, closing 20 March 2026.

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