Law Society strongly opposes scale of fees
Since my last message, some important issues have come to the fore, writes Rosemarie Loftus.
You may recall my President’s Bulletin, sent by email in December, in which I referenced plans for the introduction of a scale of fees in environmental judicial reviews.
The Law Society has now made a submission to the Department of Climate, Energy, and the Environment to strongly oppose this proposal. Thank you to those who provided their feedback for inclusion in the submission.
We have raised fundamental objections to the plan, as a scale of fees would interfere with the right of access to the courts under the Constitution, the European Convention on Human Rights, the EU Charter of Fundamental Rights, and the Aarhus Convention.
In addition, the claim that a growth in judicial reviews is a major barrier to the delivery of housing simply doesn’t stand up to scrutiny, but is being used to justify proposals to limit the costs that people can recover when bringing environmental judicial reviews.
There is no evidence to support this narrative. In fact, data show that the number of judicial-review cases declined by 19% in 2025.
Real root causes
The Law Society recognises the need to increase the rate at which housing and critical infrastructure development can take place.
However, the blame placed on judicial reviews brought by individuals masks the real root causes of the issues impeding development.
These include the chronic lack of investment (with resulting backlogs and delays), as well as practical challenges, such as the known capacity constraints on the energy grid or the lack of adequate water infrastructure that is hindering the development of housing.
Introducing a scale of fees will have no real impact on the merit of cases being brought. An unmeritorious case may still be brought if the applicant has the financial resources to support it.
However, the scale of fees will prevent otherwise meritorious cases being brought where the applicant does not have the required substantial financial resources.
Also, a cap on fees will result in an unjust imbalance by putting the State in an advantageous position. It will make it harder for individuals and community groups to secure expert legal representation.
Democratic principle
The Law Society believes that access to justice remains a core democratic principle in any reasonable society, and that a robust planning process is good for everyone.
While judicial review is an essential part of the justice system, and one of the direct manifestations of the right to access the courts, it has a significant importance in environmental matters.
There are proportionate and effective alternatives to a scale of fees, such as non-binding guidelines on costs to promote efficiency and early settlement, or developing internal appeals mechanisms.
Judicial review is also in the crosshairs of the recently published general scheme of the Civil Reform Bill 2025, which aims to reform key aspects of judicial review and seeks to introduce reforms in relation to discovery and civil procedure.
Engaging with Government in relation to the proposed scale of fees, as well as the reform proposed in the bill, will be a key priority of mine in the weeks and months ahead.
Future of the profession
Another priority for me this year is to promote the important role of rural practices. I was delighted to share my working experience with trainees considering the next steps in their careers at the Law Society’s Future of Legal Practice Summit in January.
Alongside colleagues Sonia McEntee and Ursula Cadden, I shared the many rewards of working in a small practice, and encouraged those in attendance to consider exploring the many career opportunities that rural practise provides.
Small practices play a vital role in ensuring access to justice in communities across Ireland, yet recruitment remains a real challenge. I’m glad to announce that applications are now open to colleagues around the country for grants to fund a trainee in six regional practices.
I highly recommend taking advantage of this initiative, and I’m committed to exploring more ways to ensure solicitors in all communities thrive.
Rosemarie Loftus is President of the Law Society of Ireland