Tracey & anor v Mc Dowell & ors (Unapproved) [2021] IESC 38 (25 June 2021)

Tracey & anor v Mc Dowell & ors (Unapproved) [2021] IESC 38 (25 June 2021)

The Court held that, under current Irish law as established in Dawson, self-represented litigants are only entitled to recover expenses and outlay, not compensation for their time and effort. Developments in other jurisdictions are based on legislative or rule changes not present in Ireland.

Citation
[2021] IESC 38
Parties
Plaintiff/appellant: Kevin Tracey; Plaintiff/appellant: Karen Tracey; Defendant/respondent: Michael McDowell; Defendant/respondent: The Minister for Justice Equality & Law Reform; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General; Defendant/respondent: The Commissioner of An Garda Síochána; Defendant/respondent: The Director of Public Prosecutions; Defendant/respondent: The Chief Executive of The Courts Service; Defendant/respondent: Bernard Neary; Defendant/respondent: Edward Finucane; Defendant/respondent: John Keenan; Defendant/respondent: Patrick Flynn; Defendant/respondent: John Costello; Defendant/respondent: Dermot O’Connell; Defendant/respondent: David O’Brien
Jurisdiction
Ireland
Judgment Date
25 June 2021
Procedural Posture
Appeal / Ruling on Costs After Appeal Allowed
Outcome
Plaintiff/Appellant awarded expenses and outlay only; no order as to costs against Courts Service.
Legal Topics
Costs, Self Represented Litigants, Entitlement to Expenses and Outlay
Civil Procedure Costs Self Represented Litigants Entitlement to Expenses and Outlay

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kevin Tracey

Plaintiff/appellant

Karen Tracey

Plaintiff/appellant

Michael McDowell

Defendant/respondent

The Minister for Justice Equality & Law Reform

Defendant/respondent

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

The Commissioner of An Garda Síochána

Defendant/respondent

The Director of Public Prosecutions

Defendant/respondent

The Chief Executive of The Courts Service

Defendant/respondent

Bernard Neary

Defendant/respondent

Edward Finucane

Defendant/respondent

John Keenan

Defendant/respondent

Patrick Flynn

Defendant/respondent

John Costello

Defendant/respondent

Dermot O’Connell

Defendant/respondent

David O’Brien

Defendant/respondent

Procedural Posture

Appeal / Ruling on Costs After Appeal Allowed

Legal Issues

  1. 1 Whether a self-represented litigant is entitled to recover payment for time and effort in addition to expenses and outlay

Ratio Decidendi

The Court held that, under current Irish law as established in Dawson, self-represented litigants are only entitled to recover expenses and outlay, not compensation for their time and effort. Developments in other jurisdictions are based on legislative or rule changes not present in Ireland.

Court Disposition

Plaintiff/Appellant awarded expenses and outlay only; no order as to costs against Courts Service.

Orders

  • State Respondents to pay Mr. Tracey €1,242 for expenses and outlay.
  • No order as to costs in respect of the Courts Service.