Murphy v. Minister for Justice, Equality and Law Reform [2001] IESC 29; [2001] 2 ILRM 144 (9 March 2001)

Murphy v. Minister for Justice, Equality and Law Reform [2001] IESC 29; [2001] 2 ILRM 144 (9 March 2001)

The Fees Order imposing court fees is not unconstitutional or ultra vires as the charges are reasonable, exemptions exist for certain proceedings, and the applicant did not demonstrate that the fees prevented access to the courts or that he was denied legal aid. The applicant also failed to establish locus standi.

Citation
[2001] IESC 29
Parties
Applicant/appellant: Peter Murphy; Respondent/defendant: Judge Gillian M Hussey; Respondent/defendant: Garda Stephen Cunningham
Jurisdiction
Ireland
Judgment Date
09 March 2001
Procedural Posture
Judicial Review Appeal / Appeal From High Court Refusal of Relief
Outcome
Appeal dismissed
Legal Topics
Court Fees, Access to Justice, Ultra Vires, Locus Standi, Judicial Review
Constitutional Law Administrative Law Civil Procedure Court Fees Access to Justice Ultra Vires Locus Standi Judicial Review

Case Brief

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Parties

Peter Murphy

Applicant/appellant

Judge Gillian M Hussey

Respondent/defendant

Garda Stephen Cunningham

Respondent/defendant

Procedural Posture

Judicial Review Appeal / Appeal From High Court Refusal of Relief

Legal Issues

  1. 1 Whether the imposition of court fees on notices of motion and affidavits is unconstitutional as an impediment to access to the courts for impoverished persons
  2. 2 Whether the Fees Order was ultra vires the powers of the Minister
  3. 3 Whether the applicant had locus standi

Ratio Decidendi

The Fees Order imposing court fees is not unconstitutional or ultra vires as the charges are reasonable, exemptions exist for certain proceedings, and the applicant did not demonstrate that the fees prevented access to the courts or that he was denied legal aid. The applicant also failed to establish locus standi.

Court Disposition

Appeal dismissed

Orders

  • Relief sought refused
  • Fees Order upheld as constitutional and intra vires