Expediting Not Deferring

http://www.oxforddictionaries.com/definition/english/expedite

A lot of people might have been disappointed by the cancellation of the Directions Hearing that was due to be held in the Supreme Court at 1.15pm today (Friday 5th September). I know that some are calling it a deferral, but it is, in fact, an expediting of the process.

My message is "don't be disappointed".

The hearing scheduled for 1.15pm today (Friday 5th September) did not go ahead because the matters it was to deal with had already been dealt with by agreement between the parties, signed and filed with the Supreme Court on 4th September. I am advised by the lawyers that this is a common (and encouraged) practice that helps minimise court time and the costs of an action.

This agreement (Memorandum of Consent) specifies the steps to be taken (including discovery of documents and establishing facts agreed between the parties), as a prelude to judicial review of the application, and timelines by which these stages must be completed. As such, it gives us greater confidence that the case will proceed to the stage of formal judicial review.

It is my personal belief that this represents a tacit acknowledgment by the State Solicitors Office that they do not have substantial arguments against the application for judicial review, but it should not be read as an indication of the view the court itself will take on the substantive issues.

Moreover, the time necessary for these agreed steps before judicial review throws a big spanner into the works of the Minister's decreed timeline - of which he has been making much in recent times.