CA & anor (Costs) -v- The Minister for Justice & Equality & ors [2015] IEHC 432 (10 June 2015)

CA & anor (Costs) -v- The Minister for Justice & Equality & ors [2015] IEHC 432 (10 June 2015)

The applicant is entitled to 20% of the costs of the proceedings, reduced by 25% to reflect inefficiencies in the conduct of the case, plus €1500 plus VAT for a minor issue on which she succeeded. No order for costs is made in favour of the respondents for the issues on which they succeeded, as such an order would have a chilling effect on access to justice for vulnerable litigants. The case does not have special features justifying a departure from the general rule to award the losing party its costs.

Citation
[2015] IEHC 432
Parties
Applicant: C. A.; Applicant: T. A.; Respondent: The Minister for Justice and Equality; Respondent: The Minister for Social Protection; Respondent: Attorney General; Respondent: Ireland
Jurisdiction
Ireland
Judgment Date
10 June 2015
Procedural Posture
Judicial Review / Costs Ruling Following Substantive Judgment
Outcome
Applicant awarded 20% of costs of proceedings, reduced by 25%, plus €1500 and VAT for a minor issue; no order for costs in favour of respondents.
Legal Topics
Costs in Public Interest Litigation, Direct Provision Scheme, Right to Privacy, Access to Courts, Mootness in Judicial Review
Constitutional Law Administrative Law Human Rights Law Costs in Public Interest Litigation Direct Provision Scheme Right to Privacy Access to Courts Mootness in Judicial Review

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Parties

C. A.

Applicant

T. A.

Applicant

The Minister for Justice and Equality

Respondent

The Minister for Social Protection

Respondent

Attorney General

Respondent

Ireland

Respondent

Procedural Posture

Judicial Review / Costs Ruling Following Substantive Judgment

Legal Issues

  1. 1 Whether the default rule that costs follow the event should apply in a complex public interest case with partial success
  2. 2 Whether special features justify a departure from the general rule on costs
  3. 3 How to apportion costs where issues have become moot due to legislative or administrative changes

Ratio Decidendi

The applicant is entitled to 20% of the costs of the proceedings, reduced by 25% to reflect inefficiencies in the conduct of the case, plus €1500 plus VAT for a minor issue on which she succeeded. No order for costs is made in favour of the respondents for the issues on which they succeeded, as such an order would have a chilling effect on access to justice for vulnerable litigants. The case does not have special features justifying a departure from the general rule to award the losing party its costs.

Court Disposition

Applicant awarded 20% of costs of proceedings, reduced by 25%, plus €1500 and VAT for a minor issue; no order for costs in favour of respondents.

Orders

  • Respondent to pay applicant 20% of the costs of the proceedings, less 25% of that sum, to be taxed in default of agreement.
  • Respondent to pay applicant €1500 plus VAT for costs of the minor issue regarding permission to remain pending subsidiary protection application.