Roche -v- Roche [2010] IESC 10 (02 March 2010)

Roche -v- Roche [2010] IESC 10 (02 March 2010)

Given the unique features of the case, including the exceptional public and constitutional importance of the issues and the Attorney General's full participation, it is equitable and just to depart from the normal rule and order the Attorney General to pay the costs of both parties in the High Court, but not for the appeal.

Citation
[2010] IESC 10
Parties
Applicant/appellant: Mary Roche; Respondent: Thomas Roche; Respondent: Anthony Walsh; Respondent: David Walsh; Respondent: Sims Clinic Ltd.; Notice Party: Attorney General
Jurisdiction
Ireland
Judgment Date
02 March 2010
Procedural Posture
Civil Appeal / Ruling on Costs After Supreme Court Appeal
Outcome
Attorney General ordered to pay costs of both parties in the High Court; no order as to costs for the appeal.
Legal Topics
Costs, Constitutional Protection of the Unborn, Reproductive Rights, Frozen Embryos
Constitutional Law Family Law Medical Law Costs Constitutional Protection of the Unborn Reproductive Rights Frozen Embryos

Case Brief

Summary, issues, holding and outcome

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Parties

Mary Roche

Applicant/appellant

Thomas Roche

Respondent

Anthony Walsh

Respondent

David Walsh

Respondent

Sims Clinic Ltd.

Respondent

Attorney General

Notice Party

Procedural Posture

Civil Appeal / Ruling on Costs After Supreme Court Appeal

Legal Issues

  1. 1 Whether the Attorney General should bear the costs of both parties in the High Court and/or the appeal
  2. 2 Whether the constitutional protection for the life of the unborn under Article 40.3.3 extends to frozen embryos

Ratio Decidendi

Given the unique features of the case, including the exceptional public and constitutional importance of the issues and the Attorney General's full participation, it is equitable and just to depart from the normal rule and order the Attorney General to pay the costs of both parties in the High Court, but not for the appeal.

Court Disposition

Attorney General ordered to pay costs of both parties in the High Court; no order as to costs for the appeal.

Orders

  • Attorney General to pay costs of both parties in the High Court.
  • No order as to costs in respect of the appeal before the Supreme Court.