| Plaintiffs v. Company A [2024] IESC 28 |
That solar farms are not projects subject to EIA and are not listed in Directive 2011/92/EU. |
Relied on to establish existing jurisprudence placing solar farms outside the EIA directive; Plaintiffs offered no contrary jurisprudence. |
| Moss v. Company A (No. 1) [2026] IEHC 62 |
Substantive dismissal of the Plaintiffs' challenge. |
Recorded as the judgment under challenge; the present leave application arises from that decision. |
| Plaintiffs v. The Hospital [2023] IESC 11 |
Limits on procedural elaboration in draft‑judgment engagements (procedure not to become re‑litigating of substance). |
Used to explain the court's draft judgment circulation practice and the limited scope for comments. |
| Plaintiff v. Company B [2017] IESC 75 |
Warning against treating draft procedures as requiring trial‑like processes. |
Invoked to caution parties against treating draft judgment procedures as opening new litigation phases. |
| Attorney General v. Crosland (No. 2) [2021] UKSC 58 |
Reasons for restricting publication of draft judgments in the interests of justice. |
Supported the court's direction that draft judgments are not public domain and must be treated confidentially. |
| Baigent v. Random House Group Ltd [2006] EWHC 1131 |
Authority referenced in relation to draft judgment confidentiality. |
Cited as part of comparative authorities explaining confidentiality principles for draft judgments. |
| R. (Counsel General for Wales) v. Secretary of State [2022] EWCA Civ 181 |
Authority on draft judgment confidentiality principles. |
Referenced among authorities supporting confidentiality directions. |
| Public Institution for Social Security v. Banque Pictet & Cie SA and others [2022] EWCA Civ 368 |
Authority on draft judgment confidentiality principles. |
Referenced to support the court's direction on draft circulation confidentiality. |
| Itkin v. Wood [2023] JRC 101 |
Authority on draft judgment confidentiality. |
Referenced to reinforce restrictions on publication of drafts. |
| Leech v. Company A [2025] IESCDET 106 |
That whether an issue falls within pleadings generally does not present a point of law for appeal. |
Applied to emphasise the need for issues to be within pleadings to ground an appeal. |
| Minister for Justice v. Andrzejczak (No. 2) [2018] IEHC 11 |
Questions must actually arise on the facts and not be abstract. |
Used as an analogue to require factual foundation for appellate questions. |
| GOCE Limited v. Company A [2025] IEHC 43 |
The point must have been actually argued by the would‑be appellant. |
Applied to reject new issues formulated for the purposes of appeal. |
| S.A. v. Minister for Justice and Equality (No. 2) [2016] IEHC 646 |
The question should be determinative and make a difference to outcome; timeliness of leave applications. |
Used to explain necessity that an appellate question affect outcome and be made in time. |
| Morehart v. Company A [2025] IEHC 701 |
Appeal questions should be determinative and not merely interesting points. |
Reinforced the requirement that leave questions materially affect outcome. |
| Rooney v. Minister for Agriculture and Food [2016] IESC 1 |
Warning against litigants focusing on isolated debatable rulings while ignoring broader case problems. |
Quotations used to illustrate imprudent appellate strategy. |
| Monkstown Road Residents Association v. Company A [2023] IEHC 9 |
That appellate questions must not be additions, exaggerations or distortions of the judgment. |
Applied to require accurate reflection of the trial judgment in any proposed question. |
| Stapleton v. Company A [2025] IEHC 178 |
Similar principle regarding the formulation of appellate questions. |
Referenced to stress specificity and restraint in proposed questions. |
| Cooper v. Company A [2025] IESCDET 96 |
A misunderstanding of legal situation does not create a matter of public importance. |
Used to dismiss argument that mere disagreement creates public‑importance grounds. |
| B.S. v. Director of Public Prosecutions [2017] IESCDET 134 |
Point cannot be essentially factual; distinction between law and facts. |
Applied to reject purely factual questions as unsuitable for appeal. |
| Halpin v. Company A [2020] IEHC 218 |
Application of law to facts is a mixed question, generally unsuitable for appeal. |
Invoked to classify the proposed question as an application‑of‑law issue. |
| Rushe v. Company A [2020] IEHC 429 |
Similar authority on mixed questions of fact and law. |
Referenced among authorities limiting appeals to pure points of law. |
| Stanley v. Company A [2022] IEHC 671 |
Reinforces that application‑of‑law questions are unsuitable for appeal. |
Used to support the court's classification of the proposed question. |
| Eco Advocacy CLG v. Company A and others [2024] IESCDET 62 |
Requirement that appellate questions transcend case‑specific facts to be of public importance. |
Applied to reject fact‑bound appellate questions lacking wider significance. |
| Leech v. Company A [2025] IEHC 157 |
Point cannot be essentially factual; presumption of validity of administrative decisions. |
Used to underline limits on appeals grounded in alleged misinterpretation of decisions. |
| R.A. v. Refugee Appeals Tribunal [2015] IEHC 830 |
If there is a solid case for leave, leave should be granted. |
Contextual authority noting circumstances where leave is appropriately granted. |
| B.W. v. Refugee Appeals Tribunal [2015] IEHC 833 |
Similar principle regarding grant of leave where solid grounds exist. |
Referenced among examples where leave was certified. |
| K.R.A. v. Minister for Justice and Equality (No. 2) [2016] IEHC 421 |
Examples of certification where leave granted. |
Listed as authority for when leave may be appropriate. |
| S.T.E. v. Minister for Justice and Equality [2016] IEHC 544 |
Examples of leave being granted on solid grounds. |
Referenced among precedents on leave certification. |
| Dublin City Council v. Company A (No. 2) [2021] IEHC 34 |
Example of appellate certification jurisprudence. |
Listed among illustrative authorities. |
| Waltham Abbey Residents Association v. Company A [2021] IEHC 597 |
Illustrative authority on leave certification. |
Included in catalogue of precedent examples. |
| Sweetman v. Company A (No. 2) [2021] IEHC 662 |
Illustrative authority on leave certification. |
Referenced among examples. |
| Save Roscam Peninsula CLG v. Company A (No. 2) [2022] IEHC 328 |
Illustrative authority on certification practice. |
Listed with other examples of leave jurisprudence. |
| Joyce‑Kemper v. Company A (No. 5) [2022] IEHC 349 |
Illustrative authority on leave certification. |
Included as example. |
| Kerins v. Company A (No. 5) [2023] IEHC 280 |
Illustrative authority on leave certification. |
Listed among precedents. |
| Coolglass v. Company A [2025] IEHC 1 |
Illustrative authority on leave certification. |
Referenced among examples. |
| Heavey v. Company A (No. 2) [2025] IEHC 311 |
Illustrative authority on leave certification. |
Included in the list of examples. |
| Massey v. Company A (No. 4) [2025] IEHC 309 |
Principles relevant to 'public interest' and delay. |
Quoted to explain how delay and nature of project affect public‑interest assessment. |
| Nagle View Turbine Aware Group v. Company A (No. 2) [2025] IEHC 3 |
That appeals are unwarranted where law is not uncertain. |
Applied to reject appeal where no demonstrable legal uncertainty exists. |
| Callaghan v. Company A [2015] IEHC 493 |
Novelty alone does not make a point suitable for appeal. |
Invoked to caution against granting leave simply because a point is novel. |
| Maguire T/A Frank Pratt & Sons (No. 2) [2023] IEHC 209 |
Disagreement with a conclusion does not by itself create legal uncertainty. |
Referenced to reject attempts to manufacture uncertainty from disagreement. |
| Carrownagowan Concern Group v. Company A [2025] IESCDET 8 |
Request for CJEU reference does not make an otherwise unsuitable point suitable for appeal. |
Applied to dismiss suggestion that referral to the CJEU salvages an unsuitable appeal point. |
| Carrownagowan Concern Group v. Company A [2025] IESCDET 9 |
Similar point regarding CJEU referrals. |
Reinforced the same restriction on using Article 267 as a remedy for unsuitable points. |
| Phoenix Rock Enterprises v. Company A & Ors. [2023] IESCDET 97 |
Claims of practical problems in the industry must be backed by evidence. |
Applied to require evidence where systemic industry impact is alleged. |
| McCaffrey v. Company A [2024] IEHC 476 and [2024] IESCDET 145 |
Authority on leave and evidential requirements regarding industry impact. |
Referenced to illustrate need for evidence to show wider uncertainty or impact. |
| Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA C‑561/19 ECLI:EU:C:2021:799 |
Acte clair / acte éclairé doctrine relevant to Article 267 TFEU references. |
Invoked to explain why no referral to the CJEU was required given lack of doubt. |
| Commission v. Ireland C‑427/07 ECLI:EU:C:2009:457 |
Relevant only if the access tracks constituted "roads" within the meaning of the directive. |
Noted but held inapplicable absent a finding that the tracks are roads. |
| Morrison v. Olson, 487 U.S. 654 (1988) |
Quotational reference (dissent) used rhetorically. |
Quoted rhetorically to illustrate the danger of disguising disagreement as a legal question. |