High Court, by way of judicial review, refuses to quash the decisions taken at the District Court level refusing to award costs to applicants had been refused a certificate to use and carry a designated firearm by the licensing authority, An Garda Siochana, but were successful in an appeal under the firearms legislation, on the grounds that the firearms legislation does not contain any express provision that the District Court may award costs and there was no jurisdiction to award costs since appeal to the District Court is to be considered a licensing matter and is outside the scope of District Court Rules in relation to the award of costs.
Judicial review – whether the District Court has jurisdiction to grant an order for costs to an appellant who has been successful in an appeal under the firearms legislation – applicants had been refused a certificate to use and carry a designated firearm by the licensing authority – Firearms Acts 1925 to 2009 – estoppel – jurisdiction of the District Court – s. 77 of the Courts of Justice Act 1924 – s. 33 of the Courts (Supplemental Provisions) Act, 1961 – s. 1(4) of the Firearms Act 1920 (10 & 11 Geo.5. Ch. 43) – whether the jurisdiction to award costs exists – District Court Rules 1997 vested in the District Court the power to award costs in civil proceedings – O.51, r.1 of the District Court Rules 1997 – appeal to the District Court is to be considered a licensing matter and is outside the scope of O.51, r.1 of the District Court Rules 1997 in relation to the award of costs – was the District Court exercising a licensing jurisdiction – s. 15A(1)(b) and (d) of the Firearms Acts 1925 to 2009, as inserted by s. 43 of the Criminal Justice Act 2006 – J.M. Kelly: the Irish Constitution” (4th Ed.) – no constitutional or other right to hold a firearms certificate is advanced – reliefs sought refused.