Benloulou -v- Minister for Justice and Equality & ors [2016] IECA 181 (13 June 2016)

Benloulou -v- Minister for Justice and Equality & ors [2016] IECA 181 (13 June 2016)

The step taken by the Minister to assist the applicant, which rendered the proceedings moot, constituted an 'event' for the purposes of Order 99 rule 1(4, and costs should follow that event and be awarded to the applicant.

Citation
[2016] IECA 181
Parties
Applicant/respondent: Nacer Benloulou; Respondent/appellant: Minister for Justice and Equality; Respondent/appellant: Ireland; Respondent/appellant: Attorney General
Jurisdiction
Ireland
Judgment Date
13 June 2016
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Costs Following the Event, Mootness, European Arrest Warrant, Ministerial Discretion
Administrative Law Judicial Review Costs Costs Following the Event Mootness European Arrest Warrant Ministerial Discretion

Case Brief

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Parties

Nacer Benloulou

Applicant/respondent

Minister for Justice and Equality

Respondent/appellant

Ireland

Respondent/appellant

Attorney General

Respondent/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether costs should be awarded when proceedings are rendered moot by respondent's actions
  2. 2 Whether the Minister was under a legal obligation to assist the applicant to return to France

Ratio Decidendi

The step taken by the Minister to assist the applicant, which rendered the proceedings moot, constituted an 'event' for the purposes of Order 99 rule 1(4, and costs should follow that event and be awarded to the applicant.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; costs order in favour of applicant upheld