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 |
Court of Appeal refuses to make costs order against District Court judge in respect of an appeal, but orders that the wider issue of costs in the original High Court proceedings to be determined by the High Court having regard to a Supreme Court order, for the grounds that: a) were it not for the question of judicial quasi-immunity, the costs of the appeal would be awarded as a matter of ordinary justice; and b) the respondent judge can avail of the judicial quasi-immunity in respect of costs because there was no mala fide or impropriety on the part of the judge in the conduct of the appeal, and by participating in the subsequent costs issue, he did not thereby seek to defend the validity of the order which he had made in the District Court and which was subsequently quashed.
Costs – whether it would be appropriate to make an award of costs in this Court in favour of the applicant in respect of a successful appeal against the respondent judge personally or whether the quasi-immunity in respect of costs enjoyed by judges precludes the making of such an award in these circumstances – District Judges’ active participation in judicial review proceedings in which their orders had been challenged – whether costs can be awarded against a District Judge – Ord. 99, r. 1 – quasi-immunity from costs enjoyed by judges – whether the McIlwraith principles apply to the costs issue arising on this appeal – there is no question of impropriety or mala fides on the part of the respondent judge – whether the respondent judge has sought to defend the validity of an order which was subsequently quashed – were it not for the question of the judicial quasi-immunity, this Court would have naturally awarded the costs of the appeal to Mr. Kilty as a matter of ordinary justice – Court will make no order as to costs against the respondent judge – wider issue of costs in the original High Court proceedings will now fall to be determined by the High Court having regard to Supreme Court order.
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