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Court of Appeal reduces costs order awarded to a successful appellant by 10 percent, on the grounds that the appellant included a point of law in the appeal which required detailed written submissions by the respondent Minister, and although no considerable time was spent on the issue in the oral hearing, it did form part of the appeal until a late stage.
Court of Appeal – ruling on costs – Order of Certiorari granted of the 2016 Review Decision made by the Minister for Justice – appellant argues that costs follow the event – respondent submits that the appellant should only be entitled to a partial order for costs above and below - Minister accepts that the appellant has succeeded in relation to the first matter - in circumstances where the appellant is no longer pursing the second matter, there should be a reduction in the costs – whether award of costs should be reduced by reason of the effective remedy issue which was addressed in written submissions but not pursued in oral argument – updated legal framework operative by the time the Court of Appeal gave judgment – requires that a party be entirely successful to be entitled to costs unless the court orders otherwise – written submissions were required - indication the issue would not be pursued until the Court delivered its decision and the issue remained live – respondent to pay the appellant costs incident to the High Court proceedings – the respondent to pay 90% of the costs incident to the appeal.
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