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The High Court has granted an interlocutory injunction, restraining the Minister for Justice from implementing a decision to 'pause' the processing of applications under the Immigrant Investor Programme (IIP) while a complaint lodged against the solicitor's firm was investigated by the Legal Services Regulatory Authority (LSRA). The court found that the solicitor was not afforded fair procedures prior to the decision, as he was given no opportunity to make representations, and the decision lacked reasons, potentially affecting his right to earn a livelihood and his firm's reputation. The court held that the balance of justice favored granting the injunction, considering the significant financial and reputational impact on the solicitor and the absence of a corresponding detriment to the respondent or the integrity of the IIP.
Immigrant Investor Programme (IIP), interlocutory injunction, judicial review, Legal Services Regulatory Authority (LSRA), fair procedures, right to earn a livelihood, reputational damage, ultra vires (beyond the powers), mandatory injunction, prohibitory injunction, balance of justice, presumption of innocence, suspension of practice, administrative decision, duty to give reasons, Connelly v An Bord Pleanala, Okunade v Minister for Justice, Campus Oil principles, Merck Sharp and Dohme Corporation v Clonmel Healthcare Ltd.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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