Taaffe -v- Judge Mc Mahon & Ors [2011] IEHC 408 (28 October 2011)

Taaffe -v- Judge Mc Mahon & Ors [2011] IEHC 408 (28 October 2011)

Order 99, Rule 5(2)(a) confers jurisdiction on the High Court to measure costs in simple and uncontested cases, and the sum in gross need not be equivalent to taxed costs. Judges are capable of making an appropriate assessment in straightforward cases.

Citation
[2011] IEHC 408
Parties
Applicant: Patrick Taaffe; Respondent: Judge McMahon; Respondent: The Commissioner of An Garda Síochána; Respondent: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
28 October 2011
Procedural Posture
Judicial Review / Post Leave, Costs Determination
Outcome
Court affirms jurisdiction to measure costs; period allowed for parties to agree or appeal.
Legal Topics
Costs, Judicial Review, Habeas Corpus, Bench Warrant
Civil Procedure Criminal Law Costs Judicial Review Habeas Corpus Bench Warrant

Case Brief

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Parties

Patrick Taaffe

Applicant

Judge McMahon

Respondent

The Commissioner of An Garda Síochána

Respondent

The Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review / Post Leave, Costs Determination

Legal Issues

  1. 1 Does the High Court have jurisdiction to measure costs in uncontested habeas corpus or judicial review proceedings?
  2. 2 Is the sum in gross awarded in lieu of taxed costs required to be equivalent or proportionate to taxed costs?

Ratio Decidendi

Order 99, Rule 5(2)(a) confers jurisdiction on the High Court to measure costs in simple and uncontested cases, and the sum in gross need not be equivalent to taxed costs. Judges are capable of making an appropriate assessment in straightforward cases.

Court Disposition

Court affirms jurisdiction to measure costs; period allowed for parties to agree or appeal.

Orders

  • Court will measure costs in this and similar cases after 28 days unless parties agree or appeal.