Sweetman -v- Shell E & P Ireland Ltd [2016] IESC 58 (17 October 2016)

Sweetman -v- Shell E & P Ireland Ltd [2016] IESC 58 (17 October 2016)

The Environmental (Miscellaneous Provisions) Act 2011 is not retrospective and does not alter the costs regime for litigation commenced before its enactment. The award of costs is not merely procedural but affects substantive expectations and rights. There is no legislative intent or obligation to apply the Act retrospectively. Even if the Act applied, the appellant's conduct and lack of merit in the proceedings would justify an award of costs against him.

Citation
[2016] IESC 58
Parties
Applicant/appellant: Peter Sweetman; Appellant/respondent/defendant: Shell E&P Ireland Limited; Appellant/respondent/defendant: Lennon Quarries; Appellant/respondent/defendant: TJ Lennon
Jurisdiction
Ireland
Judgment Date
17 October 2016
Procedural Posture
Appeal (judgment on Costs) / Supreme Court Post Judgment (costs)
Outcome
Appeal dismissed on costs issue; costs awarded against appellant
Legal Topics
Costs in Litigation, Retrospective Legislation, Planning and Development, Aarhus Convention, Statutory Interpretation
Environmental Law Civil Procedure Costs in Litigation Retrospective Legislation Planning and Development Aarhus Convention Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Sweetman

Applicant/appellant

Shell E&P Ireland Limited

Appellant/respondent/defendant

Lennon Quarries

Appellant/respondent/defendant

TJ Lennon

Appellant/respondent/defendant

Procedural Posture

Appeal (judgment on Costs) / Supreme Court Post Judgment (costs)

Legal Issues

  1. 1 Whether the Environmental (Miscellaneous Provisions) Act 2011 applies retrospectively to proceedings commenced before its enactment
  2. 2 Whether the costs regime under the Act of 2011 alters the default rule that costs follow the event for pending litigation
  3. 3 Whether the conduct of the appellant justified an award of costs against him

Ratio Decidendi

The Environmental (Miscellaneous Provisions) Act 2011 is not retrospective and does not alter the costs regime for litigation commenced before its enactment. The award of costs is not merely procedural but affects substantive expectations and rights. There is no legislative intent or obligation to apply the Act retrospectively. Even if the Act applied, the appellant's conduct and lack of merit in the proceedings would justify an award of costs against him.

Court Disposition

Appeal dismissed on costs issue; costs awarded against appellant

Orders

  • Costs of the appeal awarded to Shell E&P Ireland Limited as against Peter Sweetman
  • Order of the High Court as to costs left undisturbed