AO'D -v- O'Leary & ors [2016] IEHC 757 (30 November 2016)

AO'D -v- O'Leary & ors [2016] IEHC 757 (30 November 2016)

The guardian ad litem is entitled to her costs against the CFA due to the unusual and complex circumstances, including the CFA's change of position between the District Court and High Court, the general legal importance of the issues, and the injustice that would result if the guardian had to bear her own costs for defending a professional role supported by the CFA at first instance.

Citation
[2016] IEHC 757
Parties
Applicant: AO'D; Respondent: Judge Constantine G. O'Leary; Notice Party: Colum Cawley; Notice Party: The Child and Family Agency; Notice Party: Val Kerr (Guardian ad litem)
Jurisdiction
Ireland
Judgment Date
30 November 2016
Procedural Posture
Judicial Review / Costs Application Following Substantive Judgment
Outcome
Costs awarded to the guardian ad litem against the Child and Family Agency.
Legal Topics
Costs, Guardian Ad Litem, Statutory Interpretation, Child Care Proceedings
Child Law Judicial Review Civil Procedure Costs Guardian Ad Litem Statutory Interpretation Child Care Proceedings

Case Brief

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Parties

AO'D

Applicant

Judge Constantine G. O'Leary

Respondent

Colum Cawley

Notice Party

The Child and Family Agency

Notice Party

Val Kerr (Guardian ad litem)

Notice Party

Procedural Posture

Judicial Review / Costs Application Following Substantive Judgment

Legal Issues

  1. 1 Whether a guardian ad litem is entitled to costs against the Child and Family Agency in judicial review proceedings where the CFA did not fully participate
  2. 2 Whether the interests of the child or the public importance of the legal issue justify a costs order

Ratio Decidendi

The guardian ad litem is entitled to her costs against the CFA due to the unusual and complex circumstances, including the CFA's change of position between the District Court and High Court, the general legal importance of the issues, and the injustice that would result if the guardian had to bear her own costs for defending a professional role supported by the CFA at first instance.

Court Disposition

Costs awarded to the guardian ad litem against the Child and Family Agency.

Orders

  • The guardian ad litem is to be awarded her costs against the Child and Family Agency.