C v C.J. (Unapproved) [2022] IECA 67 (21 March 2022)

C v C.J. (Unapproved) [2022] IECA 67 (21 March 2022)

The appellant, as a lay litigant, is entitled to recover properly incurred expenses but not legal/professional costs. Costs of the leave application are reserved to the trial judge as the outcome of the proceedings is yet to be determined. The respondent must pay the appellant's expenses of the appeal, subject to a stay pending final determination of the proceedings.

Citation
[2022] IECA 67
Parties
Appellant: C; Respondent: John Casey
Jurisdiction
Ireland
Judgment Date
21 March 2022
Procedural Posture
Appeal / Costs Judgment Following Appeal Decision
Outcome
appellant's appeal allowed; costs judgment issued
Legal Topics
Leave to Issue Proceedings, Costs of Litigation, Expenses of Lay Litigants
Mental Health Law Civil Procedure Leave to Issue Proceedings Costs of Litigation Expenses of Lay Litigants

Case Brief

Summary, issues, holding and outcome

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Parties

C

Appellant

John Casey

Respondent

Procedural Posture

Appeal / Costs Judgment Following Appeal Decision

Legal Issues

  1. 1 entitlement of lay litigant to recover expenses
  2. 2 reservation of costs in leave applications under Mental Health Act
  3. 3 application of costs-follow-the-event principle in appeals

Ratio Decidendi

The appellant, as a lay litigant, is entitled to recover properly incurred expenses but not legal/professional costs. Costs of the leave application are reserved to the trial judge as the outcome of the proceedings is yet to be determined. The respondent must pay the appellant's expenses of the appeal, subject to a stay pending final determination of the proceedings.

Court Disposition

appellant's appeal allowed; costs judgment issued

Orders

  • Costs/expenses of leave application in High Court reserved to trial judge.
  • Respondent to pay appellant's expenses of appeal, with stay on payment and execution until final determination of proceedings.