Klohn v An Bord Pleanala (Approved) (Rev1) [2021] IESC 51 (03 August 2021)

Klohn v An Bord Pleanala (Approved) (Rev1) [2021] IESC 51 (03 August 2021)

The Supreme Court held that the costs awarded against Mr. Klohn must be assessed on a not prohibitively expensive basis as required by EU law, taking into account his own legal costs and personal circumstances. The Court substituted the Taxing Master's assessment with a sum of €1,250. Claims for reimbursement of Mr. Klohn's own costs or damages were not before the Court due to res judicata and procedural grounds. Mr. Klohn was awarded the full costs of the appeal, including costs related to representation and CJEU references, against the Board.

Citation
[2021] IESC 51
Parties
Appellant: Volkmar Klohn; Respondent: An Bord Pleanála; Notice Party: The General Council of the Bar of Ireland; Notice Party: The Law Society of Ireland; Notice Party: Attorney General
Jurisdiction
Ireland
Judgment Date
03 August 2021
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Review of Taxation of Costs
Outcome
Appeal allowed. Taxing Master's assessment overturned. Costs assessed at €1,250 against Mr. Klohn. Full costs of appeal and related proceedings awarded to Mr. Klohn against the Board.
Legal Topics
Costs in Environmental Litigation, Not Prohibitively Expensive (npe) Principle, Res Judicata, Legal Representation, Damages for Breach of EU Law
Environmental Law European Union Law Civil Procedure Costs in Environmental Litigation Not Prohibitively Expensive (npe) Principle Res Judicata Legal Representation Damages for Breach of EU Law

Case Brief

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Parties

Volkmar Klohn

Appellant

An Bord Pleanála

Respondent

The General Council of the Bar of Ireland

Notice Party

The Law Society of Ireland

Notice Party

Attorney General

Notice Party

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Review of Taxation of Costs

Legal Issues

  1. 1 Whether the costs awarded against Mr. Klohn in environmental proceedings were assessed on a not prohibitively expensive (NPE) basis as required by EU law
  2. 2 Whether the Supreme Court should itself assess the quantum of costs or remit to the Taxing Master
  3. 3 Whether Mr. Klohn is entitled to reimbursement of his own costs or damages for breach of EU law

Ratio Decidendi

The Supreme Court held that the costs awarded against Mr. Klohn must be assessed on a not prohibitively expensive basis as required by EU law, taking into account his own legal costs and personal circumstances. The Court substituted the Taxing Master's assessment with a sum of €1,250. Claims for reimbursement of Mr. Klohn's own costs or damages were not before the Court due to res judicata and procedural grounds. Mr. Klohn was awarded the full costs of the appeal, including costs related to representation and CJEU references, against the Board.

Court Disposition

Appeal allowed. Taxing Master's assessment overturned. Costs assessed at €1,250 against Mr. Klohn. Full costs of appeal and related proceedings awarded to Mr. Klohn against the Board.

Orders

  • Taxing Master's assessment of €86,000 set aside and replaced with €1,250 to be paid by Mr. Klohn to the Board.
  • Mr. Klohn awarded full costs of the appeal, including costs of representation and CJEU references, against the Board.