Short & Ors v. Ireland & Ors [2004] IEHC 235 (23 June 2004)

Short & Ors v. Ireland & Ors [2004] IEHC 235 (23 June 2004)

Given the segmented nature of the proceedings and the potential impact of the final outcome on the appropriateness of a costs order, the court reserved the costs of the first segment until all segments are concluded.

Citation
[2004] IEHC 235
Parties
Plaintiff: Constance Short; Plaintiff: Mary Kavanagh; Plaintiff: Mark Deary; Plaintiff: Olann Herr; Defendant: Ireland; Defendant: The Attorney General; Defendant: British Nuclear Fuels Plc.
Jurisdiction
Ireland
Judgment Date
23 June 2004
Procedural Posture
Civil / Interlocutory (costs Following Determination of First Segment)
Outcome
Costs reserved
Legal Topics
Costs, Public Interest Litigation, Jurisdiction
Civil Procedure Costs Public Interest Litigation Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Constance Short

Plaintiff

Mary Kavanagh

Plaintiff

Mark Deary

Plaintiff

Olann Herr

Plaintiff

Ireland

Defendant

The Attorney General

Defendant

British Nuclear Fuels Plc.

Defendant

Procedural Posture

Civil / Interlocutory (costs Following Determination of First Segment)

Legal Issues

  1. 1 Whether costs should be awarded after determination of the first segment of a multi-part case
  2. 2 Whether public interest plaintiffs should be awarded costs despite losing a segment
  3. 3 Whether costs should be reserved until final determination of all segments

Ratio Decidendi

Given the segmented nature of the proceedings and the potential impact of the final outcome on the appropriateness of a costs order, the court reserved the costs of the first segment until all segments are concluded.

Court Disposition

Costs reserved

Orders

  • Costs to date are reserved until the hearing of all segments of the proceedings have been concluded before the High Court.