Minister for Communications v Information Commissioner (Unapproved) [2020] IESC 75 (15 December 2020)

Minister for Communications v Information Commissioner (Unapproved) [2020] IESC 75 (15 December 2020)

The Court held that while the notice party's arguments were not wholly successful, his participation benefited the proceedings. In the interests of justice, he should be awarded all his costs in the High Court, but no order as to costs in the Supreme Court or Court of Appeal.

Citation
[2020] IESC 75
Parties
Appellant/respondent: The Minister for Communications, Energy and Natural Resources; Respondent/appellant: The Information Commissioner; First Notice Party: Gavin Sheridan; Notice Party: E-Nasc Éireann Teoranta (t/a “enet”)
Jurisdiction
Ireland
Judgment Date
15 December 2020
Procedural Posture
Appeal / Ruling on Costs After Supreme Court Judgment
Outcome
partially in favour of first notice party (Gavin Sheridan) on costs
Legal Topics
Costs, Public Interest, Statutory Interpretation, Notice Party Participation
Administrative Law Freedom of Information Costs Public Interest Statutory Interpretation Notice Party Participation

Case Brief

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Parties

The Minister for Communications, Energy and Natural Resources

Appellant/respondent

The Information Commissioner

Respondent/appellant

Gavin Sheridan

First Notice Party

E-Nasc Éireann Teoranta (t/a “enet”)

Notice Party

Procedural Posture

Appeal / Ruling on Costs After Supreme Court Judgment

Legal Issues

  1. 1 Entitlement of a notice party to costs in FOI litigation
  2. 2 Application of s. 24(7)(a) and 24(8) FOI Act 2014 regarding costs
  3. 3 Interpretation of s. 169 Legal Services Regulation Act 2015 in costs awards

Ratio Decidendi

The Court held that while the notice party's arguments were not wholly successful, his participation benefited the proceedings. In the interests of justice, he should be awarded all his costs in the High Court, but no order as to costs in the Supreme Court or Court of Appeal.

Court Disposition

partially in favour of first notice party (Gavin Sheridan) on costs

Orders

  • Gavin Sheridan awarded all his costs in the High Court.
  • No order as to costs in the Supreme Court.