It is yet to be decided whether the Irish Supreme Court will rule on procedural rights in connection with loans transferred to the National Asset Management Agency. Please click here to view a piece on www.extempore.ie on outstanding issues in McKillen v. Nama and whether there remains a "live dispute" between the parties.
The doctrine of "mootness" refers to the rule under which a court may refuse to hear a case on the basis that the point is no longer material, for example because the parties have already settled. The rule is rooted in common sense; namely that the court's resources should not be spent dealing with matters which no longer matter.
However, it can prove a barrier to public interest litigation. One of the principal difficulties arises where a respondent continuously settles matters which relate to an unresolved and systemic problem. Please click here to view case summaries and FAQs on mootness recently uploaded to PILA's website. You will also find resources on two further potential barriers to public interest litigation: costs and standing rules.