O'Callaghan v Ireland and the Attorney General (Approved) [2021] IESC 73 (08 October 2021)

O'Callaghan v Ireland and the Attorney General (Approved) [2021] IESC 73 (08 October 2021)

The appellant is entitled to damages of €5,000 for breach of the constitutional right to a trial with due expedition, with no remittal for further damages assessment, and costs allocated as 45% of High Court and Court of Appeal costs and full Supreme Court appeal costs to the appellant.

Citation
[2021] IESC 73
Parties
Plaintiff/appellant: Michael O’Callaghan; Defendants/respondents: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
08 October 2021
Procedural Posture
Constitutional Tort Claim / Supreme Court Ruling on Damages and Costs Following Appeal
Outcome
Appellant awarded €5,000 for constitutional violation; application for remittal of damages assessment rejected; costs awarded as 45% of High Court and Court of Appeal costs and full Supreme Court appeal costs to appellant.
Legal Topics
Right to Trial With Due Expedition, Damages for Constitutional Violations, Costs Allocation, Remittal of Damages Assessment
Constitutional Law Tort Law Human Rights Law Right to Trial With Due Expedition Damages for Constitutional Violations Costs Allocation Remittal of Damages Assessment

Case Brief

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Parties

Michael O’Callaghan

Plaintiff/appellant

Ireland and the Attorney General

Defendants/respondents

Procedural Posture

Constitutional Tort Claim / Supreme Court Ruling on Damages and Costs Following Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to damages for breach of the constitutional right to a trial with due expedition under Article 38
  2. 2 Whether damages assessment should be remitted to a lower court
  3. 3 Appropriate allocation of costs among the parties

Ratio Decidendi

The appellant is entitled to damages of €5,000 for breach of the constitutional right to a trial with due expedition, with no remittal for further damages assessment, and costs allocated as 45% of High Court and Court of Appeal costs and full Supreme Court appeal costs to the appellant.

Court Disposition

Appellant awarded €5,000 for constitutional violation; application for remittal of damages assessment rejected; costs awarded as 45% of High Court and Court of Appeal costs and full Supreme Court appeal costs to appellant.

Orders

  • Appellant awarded €5,000 in damages for breach of Article 38 right to trial with due expedition.
  • Application to remit damages assessment to High Court rejected.