Balance of justice favours continued stay on works being carried out pursuant to a foreshore licence

Planning and development – judicial review – High Court granted an interim stay on works being carried out pursuant to a foreshore licence - application to continue the stay on an interlocutory basis - test for a stay - question of an arguable case or a fair question to be tried, the adequacy of damages and any undertaking in that regard, and the least risk to injustice as well as all other relevant circumstances – apply in the context of EU law and do not breach the principles of effectiveness or equivalence - applicants bear the onus of proof - arguability or fair question to be tried - adequacy of damages - least risk of injustice – public interest - climate emergency - matter of policy for the decision-maker in the absence of there being a specific justiciable standard – risk of harm to the environment - need for renewable energy now doesn’t in itself create a basis to bypass the application of appropriate assessment and the right to an effective remedy through judicial review, particularly given how foreseeable such issues have been - Irish dependence on Russian energy -public interest in determining such issues at least in one case - fact that the Minister considered the possible impacts and that some mitigation measures were proposed does not automatically amount to an answer to the legal point made by the applicants - delay - case will almost certainly be moot if the interim stay is discharged – early trial date fixed – stay continued –