What a difference a summer makes
May: LOL. Mentally unstable far right ‘conspiracy theorists’ launch a High Court Challenge to the lockdown
August: Eminently sensible Ryanair launch a High Court Challenge to ‘restrictions’
Ryanair and State agree accelerated hearing of challenge to travel restrictions
‘Telescoped’ hearing to take place next month
Ryanair and the State have agreed to an accelerated hearing of the airline’s High Court challenge against the Government’s international travel restrictions.
In an action launched last week, Ryanair claims that the ‘restrictions’, arising out of the Covid-19 pandemic, are unlawful, amount to a disproportionate interference of individual’s rights and are detrimental to its business.
In its action against An Taoiseach, Ireland and the Attorney General the airlines seeks and order setting aside the measures. Aer Lingus Ltd is a notice party to the action.
Interesting to see restrictions described as advisory again
The State, which opposes the action, says the measures are advisory, and not mandatory in nature, as alleged by Ryanair. The State also claims that there is no basis for a legal challenge against the measures.
And the court can get a move on when it wants to, or a ‘telescoped’ hearing as its now called
That application was due to be heard next week. However, on Wednesday evening lawyers for the parties told Mr Justice Mark Sanfey that they had reached an agreement that will accelerate the process.
Eoin O’Shea BL for Ryanair said it had been agreed that there would be what is known as a ‘telescoped’ hearing, where the application for leave and the full challenge itself would be heard at the same time.
The parties were seeking a hearing sometime in mid-September, and the case would take two days to hear, counsel said.
Frank Callanan SC for the State said the State respondents had consented to a telescoped hearing, and a timetable for the exchange of legal documents had also been agreed.
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