Little v Chief Appeals Officer, Social Welfare Appeals Office and Minister for Social Protection (Approved) [2024] IESC 53 (19 November 2024)

Little v Chief Appeals Officer, Social Welfare Appeals Office and Minister for Social Protection (Approved) [2024] IESC 53 (19 November 2024)

Section 53 of the Supreme Court of Judicature (Ireland) Act 1877 does not provide the statutory foundation for the rules of court on costs in the courts established under the Irish Free State Constitution or the current Constitution; the relevant statutory basis is found in later legislation, particularly the Courts (Supplemental Provisions) Act 1961 and the Legal Services Regulation Act 2015.

Citation
[2024] IESC 53
Parties
Applicant/appellant: Deirdre Little; Respondents: Chief Appeals Officer, Social Welfare Appeals Office and Minister for Social Protection (No2)
Jurisdiction
Ireland
Judgment Date
19 November 2024
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Concurring judgment; agrees with main judgment and addresses statutory basis for costs rules.
Legal Topics
Costs, Statutory Interpretation, Rules of Court
Civil Procedure Costs Statutory Interpretation Rules of Court

Case Brief

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Parties

Deirdre Little

Applicant/appellant

Chief Appeals Officer, Social Welfare Appeals Office and Minister for Social Protection (No2)

Respondents

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 What is the foundational statutory basis for the Rules of the Superior Courts dealing with costs?
  2. 2 Does section 53 of the Supreme Court of Judicature (Ireland) Act 1877 still apply to the current courts?
  3. 3 How do overlapping statutory provisions affect the award of costs?

Ratio Decidendi

Section 53 of the Supreme Court of Judicature (Ireland) Act 1877 does not provide the statutory foundation for the rules of court on costs in the courts established under the Irish Free State Constitution or the current Constitution; the relevant statutory basis is found in later legislation, particularly the Courts (Supplemental Provisions) Act 1961 and the Legal Services Regulation Act 2015.

Court Disposition

Concurring judgment; agrees with main judgment and addresses statutory basis for costs rules.