CFA v A [2020] IECA 52 (28 February 2020)

CFA v A [2020] IECA 52 (28 February 2020)

The trial judge erred in law by failing to apply the statutory requirement under Section 33(2) of the Civil Legal Aid Act, 1995 and by mischaracterising the appellant's role; the fundamental principle that costs follow the event applies, and the CFA must pay the appellant's costs as a successful party.

Citation
[2020] IECA 52
Parties
Plaintiff/respondent: Child and Family Agency; First Defendant: A. A Minor represented by Gina Cleary; Second Defendant/appellant: C.
Jurisdiction
Ireland
Judgment Date
28 February 2020
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed; High Court order reversed
Legal Topics
Costs in Litigation, Legal Aid, Patient Confidentiality, Inherent Jurisdiction, Child Care Proceedings
Child Welfare Civil Procedure Constitutional Law Costs in Litigation Legal Aid Patient Confidentiality Inherent Jurisdiction Child Care Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Child and Family Agency

Plaintiff/respondent

A. A Minor represented by Gina Cleary

First Defendant

C.

Second Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a successful legally aided party is entitled to costs against the Child and Family Agency in High Court child welfare proceedings
  2. 2 Whether the trial judge erred in characterising the appellant as a witness rather than a party
  3. 3 Whether the principles from Child and Family Agency v. O. A. apply to High Court proceedings under inherent jurisdiction

Ratio Decidendi

The trial judge erred in law by failing to apply the statutory requirement under Section 33(2) of the Civil Legal Aid Act, 1995 and by mischaracterising the appellant's role; the fundamental principle that costs follow the event applies, and the CFA must pay the appellant's costs as a successful party.

Court Disposition

appeal allowed; High Court order reversed

Orders

  • C. granted costs of the proceedings, including all reserved costs, against the Child and Family Agency