Daly v An Taoiseach and Ors, Murphy v An Taoiseach and Ors (Approved) [2026] IEHC 133 (06 March 2026)

Daly v An Taoiseach and Ors, Murphy v An Taoiseach and Ors (Approved) [2026] IEHC 133 (06 March 2026)

Given the novelty, systemic importance, and public interest in the constitutional issues raised, and the absence of personal gain, Deputies Daly and Murphy should not be ordered to pay the State's costs and, exceptionally, are entitled to recover 50% of their costs from the State.

Citation
[2026] IEHC 133
Parties
Applicant: Patrick Daly; Plaintiff: Paul Murphy; Respondents/defendants: An Taoiseach, The Government of Ireland, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
06 March 2026
Procedural Posture
Judicial Review and Plenary Action / Post Judgment Costs Determination
Outcome
Deputies Daly and Murphy awarded 50% of their costs against the State; no order for costs against them.
Legal Topics
Costs in Public Interest Litigation, Constitutional Challenges, Separation of Powers, Government Procedure
Constitutional Law Administrative Law Public Interest Litigation Costs in Public Interest Litigation Constitutional Challenges Separation of Powers Government Procedure

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Parties

Patrick Daly

Applicant

Paul Murphy

Plaintiff

An Taoiseach, The Government of Ireland, Ireland and the Attorney General

Respondents/defendants

Procedural Posture

Judicial Review and Plenary Action / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether unsuccessful parties in public interest constitutional litigation should be ordered to pay the State's costs
  2. 2 Whether unsuccessful parties should be awarded a proportion of their costs against the State

Ratio Decidendi

Given the novelty, systemic importance, and public interest in the constitutional issues raised, and the absence of personal gain, Deputies Daly and Murphy should not be ordered to pay the State's costs and, exceptionally, are entitled to recover 50% of their costs from the State.

Court Disposition

Deputies Daly and Murphy awarded 50% of their costs against the State; no order for costs against them.

Orders

  • Deputies Daly and Murphy to recover 50% of their respective costs from the State, including reserved costs and costs of submissions, to be adjudicated in default of agreement.