O'Callaghan v Ireland & Anor (Approved) [2020] IECA 276 (09 October 2020)

O'Callaghan v Ireland & Anor (Approved) [2020] IECA 276 (09 October 2020)

Respondents were entirely successful and entitled to costs, but given the borderline nature and evolving legal complexity of the 'delay' claim, it was reasonable for appellant to pursue that issue; therefore, costs awarded to respondents are reduced by 22.5%, reflecting partial departure from the normal rule.

Citation
[2020] IECA 276
Parties
Appellant: Michael O’Callaghan; Respondent: Ireland; Respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
09 October 2020
Procedural Posture
Civil Appeal / Post Judgment Costs Determination
Outcome
Costs awarded to respondents, reduced by 22.5%
Legal Topics
Miscarriage of Justice, Right to Trial With Reasonable Expedition, Damages, Costs, European Convention on Human Rights
Constitutional Law Human Rights Law Civil Procedure Miscarriage of Justice Right to Trial With Reasonable Expedition Damages Costs European Convention on Human Rights

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Parties

Michael O’Callaghan

Appellant

Ireland

Respondent

The Attorney General

Respondent

Procedural Posture

Civil Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether costs should follow the event or be apportioned given the nature of the claims and the reasonableness of pursuing them
  2. 2 Whether the appellant’s claims involved novel issues of law justifying departure from the normal costs rule

Ratio Decidendi

Respondents were entirely successful and entitled to costs, but given the borderline nature and evolving legal complexity of the 'delay' claim, it was reasonable for appellant to pursue that issue; therefore, costs awarded to respondents are reduced by 22.5%, reflecting partial departure from the normal rule.

Court Disposition

Costs awarded to respondents, reduced by 22.5%

Orders

  • Respondents entitled to 77.5% of their costs against appellant