Tracey v District Court Judge McCarthy (Unapproved) [2021] IESC 37 (25 June 2021)

A self-represented litigant is entitled to recover expenses and outlay but not compensation for their own time and effort; this is consistent with the Court's ruling in Tracey v. McDowell and applies equally in this case.

Citation: [2021] IESC 37
Parties: Applicant/appellant: Kevin Tracey; Respondent: District Judge Aeneas McCarthy; Notice Party: The Director of Public Prosecutions; Amicus Curiae: The Irish Human Rights and Equality Commission
Jurisdiction: Ireland
Judgment Date: 25 June 2021
Procedural Posture: Appeal / Costs Ruling After Appeal Judgment
Outcome: Order in favour of Mr. Tracey for outlay and expenses only, amount to be adjudicated if not agreed.
Legal Topics: Costs, Contempt of Court, Self Representation

Civil Procedure Costs Contempt of Court Self Representation

Case Brief

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Parties

Kevin Tracey

Applicant/appellant

District Judge Aeneas McCarthy

Respondent

The Director of Public Prosecutions

Notice Party

The Irish Human Rights and Equality Commission

Amicus Curiae

Procedural Posture

Appeal / Costs Ruling After Appeal Judgment

Legal Issues

1 Whether a self-represented litigant is entitled to costs for time and effort in addition to expenses and outlay
2 Whether the applicant is entitled to costs against the Director of Public Prosecutions

Ratio Decidendi

Court Disposition

Order in favour of Mr. Tracey for outlay and expenses only, amount to be adjudicated if not agreed.

Orders

Order for outlay and expenses in favour of Mr. Tracey against the DPP, amount to be adjudicated in default of agreement.