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 is not unconstitutional or ultra vires as the fees imposed are reasonable, do not prevent access to the courts, and the applicant failed to establish undue hardship or lack of access; legal aid and exemptions mitigate any potential burden.

Citation
[2001] 2 ILRM 144
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 Decision
Outcome
Appeal dismissed
Legal Topics
Court Fees, Access to Justice, Ultra Vires, Locus Standi, Legal Aid
Constitutional Law Administrative Law Civil Procedure Court Fees Access to Justice Ultra Vires Locus Standi Legal Aid

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 8
Sign in to unlock

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 Decision

Legal Issues

  1. 1 Whether the imposition of court fees under the Fees Order is unconstitutional
  2. 2 Whether the Fees Order is ultra vires the Minister's powers
  3. 3 Whether the applicant had locus standi

Ratio Decidendi

The Fees Order is not unconstitutional or ultra vires as the fees imposed are reasonable, do not prevent access to the courts, and the applicant failed to establish undue hardship or lack of access; legal aid and exemptions mitigate any potential burden.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no relief granted; Fees Order upheld