Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court makes no order as to costs in habeus corpus proceedings, finding that: (a) while the proceedings became moot by the unilateral act of the respondent in releasing the applicant, the decision to release the applicant had already been made before the application was even moved, let alone notified; (b) the rationale for the release was not a point argued on behalf of the applicant; (c) therefore, the applicant’s release had no causal nexus with the proceedings and no entitlement to costs arose; and (d) even accepting that the court had a residual discretion, there was no basis for departing from the default approach set down by the case law.
Application for costs - Article 40 application had been dismissed - applicant had been arrested on foot of deportation order in February 2020 at point when deportations to China were being considered on a case-by-case basis due to the current state of the Covid-19 outbreak - decision then taken not to deport Chinese nationals for time being but to release Chinese nationals in detention - before this came into effect, applicant applied under Article 40 for an inquiry into the legality of his detention on un-related grounds, being that the applicant did not knowingly fail to comply with presentation conditions - CSSO notified of return date and shortly afterwards on same day applicant's release was ordered - second Chinese national was released for the same reasons around the same time - applicant’s release had nothing to do with his proceedings - Article 40 application deemed moot and legality of detention not determined by High Court - whether or not applicant entitled to his costs - whether proceedings had become moot due to the unilateral act of one party - whether unilateral act was connected to the proceedings.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now