DPP v District Judge McGrath & Ors [2019] IECA 320 (20 December 2019)

DPP v District Judge McGrath & Ors [2019] IECA 320 (20 December 2019)

Order 36 Rule 1 of the District Court Rules 1997, which restricts the District Court's jurisdiction to award costs against the DPP, constitutes an unlawful amendment of substantive statutory jurisdiction granted by s.59 of the Dublin Police Act 1842; such a restriction requires primary legislation and cannot be effected by delegated rule-making.

Citation
[2019] IECA 320
Parties
Applicant in High Court Proceedings/respondent to Appeal: Director of Public Prosecutions; Respondent to High Court Proceedings: District Judge Elizabeth McGrath; First Notice Party in the High Court Proceedings/appellant: John Matthews; Second Notice Party to the High Court Proceedings: Gerard Gearty
Jurisdiction
Ireland
Judgment Date
20 December 2019
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; High Court orders vacated.
Legal Topics
Costs in Criminal Proceedings, Jurisdiction of District Court, Delegated Legislation, Statutory Interpretation
Constitutional Law Criminal Procedure Administrative Law Costs in Criminal Proceedings Jurisdiction of District Court Delegated Legislation Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Director of Public Prosecutions

Applicant in High Court Proceedings/respondent to Appeal

District Judge Elizabeth McGrath

Respondent to High Court Proceedings

John Matthews

First Notice Party in the High Court Proceedings/appellant

Gerard Gearty

Second Notice Party to the High Court Proceedings

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether District Court Rules Committee can restrict District Court's statutory jurisdiction to award costs against the DPP
  2. 2 Whether Order 36 Rule 1 of District Court Rules 1997 is ultra vires as it curtails substantive jurisdiction granted by statute
  3. 3 Whether the power to award costs is a matter of practice and procedure or substantive jurisdiction

Ratio Decidendi

Order 36 Rule 1 of the District Court Rules 1997, which restricts the District Court's jurisdiction to award costs against the DPP, constitutes an unlawful amendment of substantive statutory jurisdiction granted by s.59 of the Dublin Police Act 1842; such a restriction requires primary legislation and cannot be effected by delegated rule-making.

Court Disposition

Appeal allowed; High Court orders vacated.

Orders

  • Orders made by the High Court are vacated.
  • Issues as to costs in these proceedings are left over pending further arguments.