Mannion v The Legal Aid Board & ors [2018] IEHC 606 (01 November 2018)

Mannion v The Legal Aid Board & ors [2018] IEHC 606 (01 November 2018)

The Board provided a reasonable explanation for not executing within six years, namely the applicant's financial position. The applicant's alleged prejudice is insufficient, as it arises from her own decisions. No binding settlement term waiving costs was established. Leave to execute is granted and no stay is warranted.

Citation
[2018] IEHC 606
Parties
Applicant: Dolores Mannion; First Respondent: The Legal Aid Board; Second Respondent: The Minister for Justice, Equality and Law Reform; Third Respondent: Ireland; Fourth Respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
01 November 2018
Procedural Posture
Judicial Review / Application for Leave to Issue Execution on Supreme Court Costs Order
Outcome
Application granted
Legal Topics
Execution of Judgments, Leave to Execute Out of Time, Costs Orders, Estoppel, Article 6 ECHR
Civil Procedure Costs Execution of Judgments Leave to Execute Out of Time Costs Orders Estoppel Article 6 ECHR

Case Brief

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Parties

Dolores Mannion

Applicant

The Legal Aid Board

First Respondent

The Minister for Justice, Equality and Law Reform

Second Respondent

Ireland

Third Respondent

The Attorney General

Fourth Respondent

Procedural Posture

Judicial Review / Application for Leave to Issue Execution on Supreme Court Costs Order

Legal Issues

  1. 1 Whether leave should be granted to the Board to issue execution on a Supreme Court costs order outside the six-year period
  2. 2 Whether the applicant would suffer prejudice by the grant of leave
  3. 3 Whether the Board is estopped from seeking execution due to alleged settlement terms

Ratio Decidendi

The Board provided a reasonable explanation for not executing within six years, namely the applicant's financial position. The applicant's alleged prejudice is insufficient, as it arises from her own decisions. No binding settlement term waiving costs was established. Leave to execute is granted and no stay is warranted.

Court Disposition

Application granted

Orders

  • Leave granted to the Board to issue execution on the Supreme Court costs order against the applicant
  • Stay pending determination of other proceedings refused