Court orders amendments to statement of grounds in judicial review proceedings

Judicial review - legality of dredging for razor clams in Waterford estuary - legislative background - facts as alleged by the applicant - fishery management plan for Waterford estuary razor clams - Waterford estuary had been classified for the production of razor clams - lack of definition of the boundaries - not everything was looked at - injunction application directed to be made on notice – notice party not a legal entity – notice party should be released from the proceedings - extension of time – reliefs sought – 43 grounds - reconfiguration of the Statement of Grounds - absence of an appropriate assessment contrary to the Habitats Directive - inadequacy of steps actually taken by both respondents in terms of compliance with the Habitats Directive - absence of an appropriate assessment is in breach of the management plan - Minister’s failure to exercise his statutory powers - inadequate transposition – stay – application for an injunction - test for an injunction in is manifestly satisfied - proposed notice party be struck out of the proceedings with no order - liberty to prepare a draft amended statement of grounds - minded to grant leave - injunction restraining implementation of the decision of the authority to open the fishery should be granted pending the final determination of the action – case would benefit from case management – adjourned for a week to allow for amended statement of grounds – clean copy rather than strike throughs and underlining -