Keena and Kennedy v. Ireland (dec.) - 29804/10 - Legal Summary [2014] ECHR 1284 (30 September 2014)

Keena and Kennedy v. Ireland (dec.) - 29804/10 - Legal Summary [2014] ECHR 1284 (30 September 2014)

The Supreme Court's costs ruling was not an interference with the applicants' Article 10 rights; deliberate destruction of evidence deprived the courts of their function, and costs orders are within the discretion of domestic courts.

Citation
[2014] ECHR 1284
Parties
Applicant: Keena; Applicant: Kennedy; Respondent: Ireland
Jurisdiction
European Union
Judgment Date
30 September 2014
Procedural Posture
Application to European Court of Human Rights / Decision on Admissibility
Outcome
inadmissible (manifestly ill-founded)
Legal Topics
Freedom of Expression, Protection of Journalistic Sources, Costs Orders
Human Rights Media Law Freedom of Expression Protection of Journalistic Sources Costs Orders

Case Brief

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Parties

Keena

Applicant

Kennedy

Applicant

Ireland

Respondent

Procedural Posture

Application to European Court of Human Rights / Decision on Admissibility

Legal Issues

  1. 1 Whether an award of costs against journalists for destroying evidence to protect sources violates Article 10 of the European Convention on Human Rights

Ratio Decidendi

The Supreme Court's costs ruling was not an interference with the applicants' Article 10 rights; deliberate destruction of evidence deprived the courts of their function, and costs orders are within the discretion of domestic courts.

Court Disposition

inadmissible (manifestly ill-founded)