Four people involved in the Glen of the Downs protests told the High Court yesterday they wanted to pursue a claim that they should not be jailed for failing to obey the court's order preventing trespass on Wicklow County Council's lands at the glen.
Mr Justice McCracken adjourned the hearing to allow their lawyers to apply for free legal aid.
He also ordered that 11 other protesters be brought before the court on Monday to face proceedings arising from the protest. Earlier this week a number of the protesters gave undertakings not to trespass.
The protests arose from Wicklow County Council's decision to build a £35 million dual carriageway through the glen. Two weeks ago council workers went to the site and felled trees in preparation for the road widening.
When the matter came before the court yesterday, one protester gave an undertaking he would not trespass on the council's lands, and was told he could pass over the lands to public lands if he wished, provided it was done lawfully.
Mr Colm MacEochaidh, appearing for a number of the protesters, said four, Mr Danny Molloy, Mr Colin Fox, Mr Michael Hammond and Ms Suzanne Hammond, were unwilling to give undertakings and wished to show cause why they should not be committed.
He was instructed to make an application to have the issue tried as to whether these persons had committed contempt. Mr MacEochaidh said, however, the four were willing to abide by the law.
Mr Justice McCracken said he was anxious to ensure they did not use an adjournment for the purpose of obstructing council workers.