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, hearing a costs application concerning the National Museum of Ireland's successful appeal of a decision of the SCOPE section of the Department of Social Protection: (a) finds that, as the legislature has not provided a statutory means of resolving costs disputes between State bodies, the fact that the Museum and the Department are two such bodies is not a reason for departing from the general rule that "costs follow the event"; (b) awards the museum its costs, minus 25%, on the basis that this percentage of the hearing was taken up with its unsuccessful ground of appeal of res judicata; and (c) grants the notice party who participated in the appeal 25% of her costs as, had the issue of res judicata been determined in the museum's favour, it would have severely damaged her interests.
National Museum of Ireland's appeal of decision of Department of Social Protection's Scope Section - SCOPE determined that notice party was employee of Museum - Museum appeal on grounds that issue was res judicata and that fair procedures were not followed - Court finds for Museum on fair procedures ground but finds against it on res judicata ground - Court notes that it is undesirable that two State Bodies should litigate against each other in such fashion - Court finds however that in the absence of Statutory scheme allowing her to depart from general rule that "costs follow the event" she cannot do so - Museum entitled to its costs minus 25%, which is percentage of time taken up at hearing with res judicata point - decision in favour of Department concerning res judicata was "event" - Notice Party entitled to 25% of her costs as well - Notice Party participated in hearing - had res judicata point been decided in Museum's favour Notice Party's interests would have been severely harmed.
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