Nowak v The Data Protection Commissioner (Approved) [2020] IECA 202 (27 July 2020)

Nowak v The Data Protection Commissioner (Approved) [2020] IECA 202 (27 July 2020)

The court held that the Data Protection Commissioner and Notice Parties were entirely successful and that the normal rule that costs follow the event applies. Mr. Nowak's arguments did not establish public interest litigation or special circumstances to depart from the rule. The High Court's exercise of discretion...

Source-derived case information.

Citation
[2020] IECA 202
Parties
Appellant: Peter Nowak; Respondent: The Data Protection Commissioner; Notice Party: Price Waterhouse Cooper; Notice Party: The Institute of Chartered Accountants in Ireland
Jurisdiction
Ireland
Judgment Date
27 July 2020
Procedural Posture
Statutory Appeal / Costs Judgment Following Dismissal of Appeals
Outcome
Appeals dismissed; costs awarded as specified.
Legal Topics
Costs, Personal Data, Statutory Appeals
Data Protection Civil Procedure Costs Personal Data Statutory Appeals

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Summary, issues, holding and outcome

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Parties

Peter Nowak

Appellant

The Data Protection Commissioner

Respondent

Price Waterhouse Cooper

Notice Party

The Institute of Chartered Accountants in Ireland

Notice Party

Procedural Posture

Statutory Appeal / Costs Judgment Following Dismissal of Appeals

Legal Issues

  1. 1 Entitlement to costs following dismissal of statutory appeals under Data Protection Acts
  2. 2 Whether costs should follow the event in appeals concerning personal data
  3. 3 Application of section 169(1) Legal Services Regulation Act, 2015 to costs awards

Ratio Decidendi

The court held that the Data Protection Commissioner and Notice Parties were entirely successful and that the normal rule that costs follow the event applies. Mr. Nowak's arguments did not establish public interest litigation or special circumstances to depart from the rule. The High Court's exercise of discretion in Appeal 2018/140 was affirmed. A stay on execution of costs orders was granted pending possible Supreme Court applications.

Court Disposition

Appeals dismissed; costs awarded as specified.

Orders

  • Dismiss appeal 2018/139.
  • Vacate High Court order of no costs; order DPC and Notice Party entitled to costs in Circuit Court and High Court against Mr. Nowak, taxed in default of agreement.