Foley -v- Judge Murphy & Anor [2007] IEHC 232 (02 July 2007)

Foley -v- Judge Murphy & Anor [2007] IEHC 232 (02 July 2007)

The Circuit Court judge failed to provide reasons of sufficient particularity or specificity for refusing costs to the acquitted applicant, constituting a breach of the constitutional entitlement to fair procedures; the decision is a nullity and must be quashed.

Source-derived case information.

Citation
[2007] IEHC 232
Parties
Applicant: Sean Foley; First Named Respondent: Her Honour Judge Yvonne Murphy; Second Named Respondent: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
02 July 2007
Procedural Posture
Judicial Review / High Court Judgment on Application for Certiorari and Declarations
Outcome
Application granted; decision quashed and remitted
Legal Topics
Costs in Criminal Proceedings, Adequacy of Judicial Reasons, Fair Procedures, Judicial Discretion, Legal Aid
Criminal Law Judicial Review Constitutional Law Costs in Criminal Proceedings Adequacy of Judicial Reasons Fair Procedures Judicial Discretion Legal Aid

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Parties

Sean Foley

Applicant

Her Honour Judge Yvonne Murphy

First Named Respondent

The Director of Public Prosecutions

Second Named Respondent

Procedural Posture

Judicial Review / High Court Judgment on Application for Certiorari and Declarations

Legal Issues

  1. 1 Whether the Circuit Court judge gave adequate reasons for refusing costs to the acquitted applicant
  2. 2 Whether the refusal of costs was irrational or unreasonable
  3. 3 Whether the refusal breached constitutional or ECHR rights to fair procedures

Ratio Decidendi

The Circuit Court judge failed to provide reasons of sufficient particularity or specificity for refusing costs to the acquitted applicant, constituting a breach of the constitutional entitlement to fair procedures; the decision is a nullity and must be quashed.

Court Disposition

Application granted; decision quashed and remitted

Orders

  • Order of certiorari quashing the Circuit Court decision refusing costs
  • Remittal to the Circuit Judge to hear and consider the application for costs again