Court of Appeal, in circumstances where the appellants were unsuccessful in obtaining any of the reliefs which they had sought in their proceedings before the High Court concerning access to mental health services, grants an order for the costs of the appeal in favour of the respondents, on the grounds, inter alia, that the case which the appellants sought to make before this Court was quite different to the case they had made before the High Court; that the appeal was misconceived; and that the appellants had an appropriate forum open to them to litigate the extent of the appropriate mental health treatment and services which the respondent was under a duty to provide.
Court of Appeal dismisses appeal from High Court, and affirms orders dismissing claims against all defendants, including the Health Service Executive, An Garda Siochana and a manufacturer of a licensed drug, on the grounds, inter alia: (a) that the appellant had not set out the particulars of the decision under appeal, nor the grounds of appeal; (b) the appellant's written submissions did not address the matters necessary to succeed in her appeal; (c) the appellant's challenge to the use of a particular drug was not based on an expert independent medical opinion, as was required; and (d) that it was clear from his comprehensive judgment that the trial judge had correctly applied the law.

Court of Appeal, following an unsuccessful appeal of an order of the High Court in proceedings concerning the provision of mental health services and treatment, makes an order for the costs of the appeal in favour of the respondent, on the grounds that, whilst the first appellant’s mental health situation is extremely concerning from both a personal and public perspective, it cannot be categorised as a matter of general public importance within the meaning of the case law; and prosecuting an appeal which was so far divorced from the original proceedings was not appropriate.

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