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Normal rule as to costs applied even where appeal granted on point of general public importance
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Supreme Court, following a dismissal of an appeal from a refusal of judicial review concerning whether the Minister for Justice had jurisdiction to grant parole from detention in the Central Mental Hospital: (a) grants a recommendation that the applicant be entitled to the benefit of the 'Legal Aid -Custody Issues Scheme'; but (b) dismisses an appeal against an award of costs against the applicant in the High Court, on the grounds that the fact that leave to appeal was granted on the basis of a point of law of general public importance did not mean that the unsuccessful litigant is entitled to avoid the normal rules as to costs.
Ruling of the court: Costs - dismissal of claim for judicial review - determination that Minister for Justice did not have jurisdiction to grant parole to prisoner detained in Central Mental Hospital on foot of transfer from prison - no application for recommendation from High Court - whether litigation was in the public interest - clarification of relevant legislation - application for a recommendation in respect of 'Legal Aid - Custody Issues Scheme'.
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