B.A. & Anor -v- Minister for Justice and Equality & Anor [2015] IEHC 861 (16 November 2015)

B.A. & Anor -v- Minister for Justice and Equality & Anor [2015] IEHC 861 (16 November 2015)

Where a case involves multiple distinct issues with different outcomes, costs should be apportioned according to success on each issue. The applicant succeeded on the definition of torture and is entitled to costs for that part; the respondent succeeded on the transfer of functions and is entitled to costs for that...

Source-derived case information.

Citation
[2015] IEHC 861
Parties
Applicant: B. A.; Applicant: R. A.; Respondent: Minister for Justice and Equality; Respondent: Refugee Applications Commissioner
Jurisdiction
Ireland
Judgment Date
16 November 2015
Procedural Posture
Judicial Review / Costs Application Post Judgment
Outcome
Costs apportioned between parties according to success on distinct issues.
Legal Topics
Subsidiary Protection, Statutory Interpretation, Costs in Public Interest Litigation
Administrative Law Immigration Law Subsidiary Protection Statutory Interpretation Costs in Public Interest Litigation

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Summary, issues, holding and outcome

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Parties

B. A.

Applicant

R. A.

Applicant

Minister for Justice and Equality

Respondent

Refugee Applications Commissioner

Respondent

Procedural Posture

Judicial Review / Costs Application Post Judgment

Legal Issues

  1. 1 legality of statutory instruments concerning subsidiary protection
  2. 2 definition of torture in regulations
  3. 3 transfer of functions from Minister to Refugee Applications Commissioner

Ratio Decidendi

Where a case involves multiple distinct issues with different outcomes, costs should be apportioned according to success on each issue. The applicant succeeded on the definition of torture and is entitled to costs for that part; the respondent succeeded on the transfer of functions and is entitled to costs for that part.

Court Disposition

Costs apportioned between parties according to success on distinct issues.

Orders

  • Applicant awarded 30% of taxed costs.
  • Respondent awarded 70% of taxed costs.