Right to Know CLG v Commissioner for Environmental Information & Ors (Approved) [2022] IESC 28 (28 June 2022)

Right to Know CLG v Commissioner for Environmental Information & Ors (Approved) [2022] IESC 28 (28 June 2022)

Right to Know CLG, having been unsuccessful on all points, does not meet the statutory or regulatory threshold for an award of costs, even though the case was of exceptional public importance. The interests of justice do not require a costs award to the losing party, and the general public importance of the issues is insufficient to displace the presumptive position of no order as to costs in environmental litigation.

Citation
[2022] IESC 28
Parties
Appellant/respondent: Right to Know CLG; Respondent/respondent: Commissioner for Environmental Information; Respondents/appellants: Minister for Communications, Climate Action and the Environment, Ireland and the Attorney General; Notice Party: Office of the Secretary General to the President (OSGP)
Jurisdiction
Ireland
Judgment Date
28 June 2022
Procedural Posture
Appeal on Costs Following Substantive Supreme Court Judgment / Supreme Court Ruling on Costs
Outcome
No order as to costs in the Supreme Court; previous High Court order for costs against the Commissioner stands.
Legal Topics
Access to Information, Costs in Environmental Litigation, Presidential Immunity, Public Authority Definition
Constitutional Law Environmental Law Administrative Law Access to Information Costs in Environmental Litigation Presidential Immunity Public Authority Definition

Case Brief

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Parties

Right to Know CLG

Appellant/respondent

Commissioner for Environmental Information

Respondent/respondent

Minister for Communications, Climate Action and the Environment, Ireland and the Attorney General

Respondents/appellants

Office of the Secretary General to the President (OSGP)

Notice Party

Procedural Posture

Appeal on Costs Following Substantive Supreme Court Judgment / Supreme Court Ruling on Costs

Legal Issues

  1. 1 Whether costs should be awarded to an unsuccessful party in environmental litigation raising issues of exceptional public importance
  2. 2 Whether the President of Ireland is a 'public authority' under the AIE Regulations/Directive
  3. 3 Interpretation of s.3(1) and s.3(4) of the Environment (Miscellaneous Provisions) Act 2011 and Regulation 13 of the AIE Regulations

Ratio Decidendi

Right to Know CLG, having been unsuccessful on all points, does not meet the statutory or regulatory threshold for an award of costs, even though the case was of exceptional public importance. The interests of justice do not require a costs award to the losing party, and the general public importance of the issues is insufficient to displace the presumptive position of no order as to costs in environmental litigation.

Court Disposition

No order as to costs in the Supreme Court; previous High Court order for costs against the Commissioner stands.

Orders

  • No order as to costs in the Supreme Court for any party.
  • High Court costs order against the Commissioner in the Council of State appeal remains enforceable.