Pervaiz v The Minister for Justice (Unapproved) [2020] IESC 73 (11 December 2020)

Pervaiz v The Minister for Justice (Unapproved) [2020] IESC 73 (11 December 2020)

Where both parties succeed on different issues, and the applicant succeeded on the standing argument while the Minister succeeded on the main appeal, it is just to apportion costs, awarding the Minister 50% of costs, with further reductions for specific hearings and unnecessary joinder.

Citation
[2020] IESC 73
Parties
Applicant/respondent: Muhammad Uzair Pervaiz; Respondents/appellants: The Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
11 December 2020
Procedural Posture
Leapfrog Appeal / Ruling on Costs Application After Supreme Court Judgment
Outcome
Minister awarded 50% of costs of High Court and Supreme Court, subject to reductions for costs of case management direction hearing and unnecessary joinder of EU citizen as notice party.
Legal Topics
Costs, Standing, Transposition of EU Directives, Judicial Review
Immigration Law European Union Law Administrative Law Costs Standing Transposition of EU Directives Judicial Review

Case Brief

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Parties

Muhammad Uzair Pervaiz

Applicant/respondent

The Minister for Justice and Equality, Ireland and the Attorney General

Respondents/appellants

Procedural Posture

Leapfrog Appeal / Ruling on Costs Application After Supreme Court Judgment

Legal Issues

  1. 1 Entitlement to costs following partial success in Supreme Court appeal
  2. 2 Appropriate approach to costs where both parties succeed on different issues
  3. 3 Whether clarification of law justifies award of costs to applicant

Ratio Decidendi

Where both parties succeed on different issues, and the applicant succeeded on the standing argument while the Minister succeeded on the main appeal, it is just to apportion costs, awarding the Minister 50% of costs, with further reductions for specific hearings and unnecessary joinder.

Court Disposition

Minister awarded 50% of costs of High Court and Supreme Court, subject to reductions for costs of case management direction hearing and unnecessary joinder of EU citizen as notice party.

Orders

  • Minister awarded 50% of costs of High Court.
  • Minister awarded 50% of costs of Supreme Court.