M v The Parole Board & anor (Approved) [2020] IESC 36 (30 June 2020)

M v The Parole Board & anor (Approved) [2020] IESC 36 (30 June 2020)

A recommendation under the Legal Aid - Custody Issues Scheme will be made for the appeal as the application was timely, but no interference with the High Court costs order is warranted because the Scheme was not invoked at the appropriate stage and the appellant had claimed costs in the High Court.

Citation
[2020] IESC 36
Parties
Appellant: M.; Respondent: The Parole Board; Respondent: The Minister for Justice & Equality
Jurisdiction
Ireland
Judgment Date
30 June 2020
Procedural Posture
Judicial Review Appeal / Ruling on Costs After Dismissal of Appeal
Outcome
Recommendation under the Legal Aid - Custody Issues Scheme made for the appeal; no change to High Court costs order.
Legal Topics
Parole, Judicial Review, Costs, Legal Aid
Criminal Law Administrative Law Parole Judicial Review Costs Legal Aid

Case Brief

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Parties

M.

Appellant

The Parole Board

Respondent

The Minister for Justice & Equality

Respondent

Procedural Posture

Judicial Review Appeal / Ruling on Costs After Dismissal of Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to a recommendation under the Legal Aid - Custody Issues Scheme for the appeal
  2. 2 Whether the High Court costs order against the appellant should be reversed and substituted with a limited costs order in his favour

Ratio Decidendi

A recommendation under the Legal Aid - Custody Issues Scheme will be made for the appeal as the application was timely, but no interference with the High Court costs order is warranted because the Scheme was not invoked at the appropriate stage and the appellant had claimed costs in the High Court.

Court Disposition

Recommendation under the Legal Aid - Custody Issues Scheme made for the appeal; no change to High Court costs order.

Orders

  • Recommendation for the purposes of the Legal Aid - Custody Issues Scheme in respect of the appeal.
  • No interference with the High Court costs order.