Fox -v- Judge Mahon & ors [2014] IEHC 397 (24 July 2014)

Fox -v- Judge Mahon & ors [2014] IEHC 397 (24 July 2014)

The Tribunal's refusal of costs was not based on its substantive findings of corruption but on its analysed findings that Mr. Fox knowingly gave false and misleading evidence and did not cooperate; this approach was lawful and did not fall into error as identified in the relevant case law.

Source-derived case information.

Citation
[2014] IEHC 397
Parties
Applicant: Anthony Fox; Respondent: Judge Alan Mahon; Respondent: Judge Mary Faherty; Respondent: Judge Gerald Keyes
Jurisdiction
Ireland
Judgment Date
24 July 2014
Procedural Posture
Judicial Review / Judgment
Outcome
application refused
Legal Topics
Costs in Tribunals, Non Cooperation With Tribunal, False Evidence, Judicial Review of Tribunal Decisions
Administrative Law Tribunal Law Costs in Tribunals Non Cooperation With Tribunal False Evidence Judicial Review of Tribunal Decisions

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Parties

Anthony Fox

Applicant

Judge Alan Mahon

Respondent

Judge Mary Faherty

Respondent

Judge Gerald Keyes

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in refusing costs to the applicant on the basis of non-cooperation and knowingly giving false evidence
  2. 2 Whether the Tribunal's decision on costs was improperly based on substantive findings rather than conduct before the Tribunal

Ratio Decidendi

The Tribunal's refusal of costs was not based on its substantive findings of corruption but on its analysed findings that Mr. Fox knowingly gave false and misleading evidence and did not cooperate; this approach was lawful and did not fall into error as identified in the relevant case law.

Court Disposition

application refused