Tracey v Minister for Justice & Equality & Ors (Approved) (Rev1) [2020] IECA 359 (21 December 2020)

Tracey v Minister for Justice & Equality & Ors (Approved) (Rev1) [2020] IECA 359 (21 December 2020)

No objective bias or denial of fair procedures was established; the trial judge was entitled to hear and determine the recusal application, and the costs order followed established legal principles. Disagreement with the judge’s decisions does not constitute bias. The appeal was dismissed as no error of law or principle was found.

Citation
[2020] IECA 359
Parties
Plaintiff / Appellant: Kevin Tracey; Defendant / Respondent: Minister for Justice, Equality and Law Reform; Defendant / Respondent: Ireland; Defendant / Respondent: The Attorney General; Defendant / Respondent: The Commissioner of An Garda Siochána; Defendant / Respondent: The Director of Public Prosecutions; Defendant / Respondent: The Courts Service; Defendant / Respondent: Keith Lambe
Jurisdiction
Ireland
Judgment Date
21 December 2020
Procedural Posture
Appeal / Judgment on Appeal From High Court Order on Costs and Recusal Application
Outcome
Appeal dismissed
Legal Topics
Recusal of Judges, Objective Bias, Costs Orders, Natural Justice, Fair Procedures, Discovery, Case Management
Civil Procedure Judicial Conduct Constitutional Law Recusal of Judges Objective Bias Costs Orders Natural Justice Fair Procedures +2 more

Case Brief

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Parties

Kevin Tracey

Plaintiff / Appellant

Minister for Justice, Equality and Law Reform

Defendant / Respondent

Ireland

Defendant / Respondent

The Attorney General

Defendant / Respondent

The Commissioner of An Garda Siochána

Defendant / Respondent

The Director of Public Prosecutions

Defendant / Respondent

The Courts Service

Defendant / Respondent

Keith Lambe

Defendant / Respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court Order on Costs and Recusal Application

Legal Issues

  1. 1 Whether the trial judge (Eagar J.) should have recused himself for objective bias
  2. 2 Whether the order for costs against the appellant was appropriate
  3. 3 Whether the appellant was denied fair procedures or constitutional rights

Ratio Decidendi

No objective bias or denial of fair procedures was established; the trial judge was entitled to hear and determine the recusal application, and the costs order followed established legal principles. Disagreement with the judge’s decisions does not constitute bias. The appeal was dismissed as no error of law or principle was found.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of the appeal awarded to the respondents, to be adjudicated in default of agreement