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Curtailment of District Court jurisdiction to award costs would require primary legislation
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Court of Appeal allows appeal and overturns a decision of the High Court granting an order of certiorari quashing an order for costs made by the District Judge in favour of the notice parties, on the grounds that: (a) the purported curtailment in the District Court Rules 1997 of the general jurisdiction to award costs was ultra vires the delegated power granted to the District Court Rules Committee by statute; and (b) the power to award costs is a matter of substantive jurisdiction, and it is not a matter of practice and procedure and a change to this jurisdiction would require primary legislation.
Edwards J (nem diss): Judicial review - delegated legislation - ultra vires - appeal of a decision of the High Court granting an order of certiorari quashing an order for costs made by the District Judge in favour of the notice parties - the notice parties were prosecuted by the DPP having been charged with assaulting each other - their cases were heard together in a joint trial which was part-heard in July 2009, and then adjourned to September 2009 for resumption and completion - in September the cases were withdrawn on instruction by the DPP with no reason given - the District Court, upon an application by the notice parties, awarded them their costs up to the point of withdrawal - whether the District Court had the statutory power to award costs against the DPP in summary criminal proceedings - s.59 of the Dublin Police Act 1842 - Order 36, rule 1 of the District Court Rules - Order 38, Rule 1(4) of the District Court Rules - primary legislation would be required to curtail the jurisdiction of the court to award costs - appeal allowed - order of certiorari is vacated.
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