Court of Appeal dismisses appeal from High Court, and affirms refusal to review taxation of costs awarded in a personal injuries case, where the appellant claimed he required expert advice of a Legal Costs Accountant and representation by a barrister in order to ensure a fair hearing, on the grounds that: (a) a MacKenzie friend could not address the Court on behalf of the appellant; (b) the case was not affected by an international convention concerning liability for costs in environmental matters; and (c) the Court of Appeal did not have jurisdiction to refer the issue to the Court of Justice of the European Union, as it was not a court of last resort for the purposes of the European treaties.
Taxation – costs – appeal of High Court rejection of application for a review of taxation of costs which had been awarded to the plaintiff arising from a personal injuries case – Ord. 99, r. 38(4) of the Rules of the Superior Courts – whether the appellant required expert advice of Legal Costs Accountant and/or representation by a barrister in order to ensure a fair hearing on the taxation issues – Aarhus Convention – had legal aid been available to the appellant before the Taxing Master he would have been in a position to have had his interests better protected and in a more professional manner – whether a McKenzie friend could represent the appellant in court – Council Decision 2005/370/EC of 17th February 2005 – Directive 2011/92/EU – Environment (Miscellaneous Provisions) Act 2011 – Article 2 of the Environment (Miscellaneous Provisions) Act 2011 (Commencement of Certain Provisions) Order 2011 (S.I. No. 433 of 2011) – appellant is not protected by the Aarhus Convention – whether to make a reference to the Court of Justice – Court of Appeal is not a court of last resort for the purposes of Article 267(3) TFEU – reference to the Court of Justice simply does not arise – appeal dismissed