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, in proceedings in which the applicant was unsuccessful in appealing judgment and order of the High Court dismissing his application by way of judicial review for a declaration that there was no fee payable in respect of an appeal which he had filed with the respondent pursuant to statute, considers the issue of costs and determines that there is nothing in the applicant's written or oral submissions to dissuade the court from its provisional conclusion of in the substantive judgment was that the respondent, having been entirely successful on the appeal, was presumptively entitled to its costs.
Legal costs - substantive appeal was an appeal by Mr. Riordan against the judgment and order of the High Court dismissing his application by way of judicial review for a declaration that there was no fee payable in respect of an appeal which he had filed with the respondent pursuant to s. 31 of the Anglo Irish Bank Corporation Act, 2009 against a determination by the Assessor pursuant to the provisions of that Act - O. 99 of the Rules of the Superior Courts provides that costs are in the discretion of the court - respondent submitted that the starting point, in s.169(1) of the Legal Services Regulation Act, 2015, is that a successful party is entitled to their costs - provisional conclusion of the court in the substantive judgment was that the respondent, having been entirely successful on the appeal, was presumptively entitled to its costs - nothing in Mr. Riordan’s written or oral submissions which has dissuaded court
from that view.
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.
|
or click here to request site subscription to search and view all judgments |
High Court refuses judicial review of the levy by the Irish Financial Services Appeals Tribunal of an 'appeal fee' of €5,000 in respect of a complaint about the assessment of the shares in a bank in statutory liquidation, on the grounds that: (a) there was a statutory basis for the appeal fee, and it applied to the appeal in question; and (b) the tribunal had previously given the applicant an opportunity to provide information in support of a claim of 'financial hardship', but he had withdrawn his application for a waiver or reduction in the appeal fee, stating that he would not pay it.
Judicial review - decision of Irish Financial Services Appeals Tribunal - whether appeal fee payable by appellant - demand of appeal fee of €5,000 - fair procedures - claim by former shareholder in bank under statutory receivership - Anglo-Irish Bank Corporation Act 2009 - appointment of assessor to determine compensation for shareholders - assessment of shares as having 'nil' value - appeal - application to waive or reduce appeal fee - claim of financial hardship - whether any legal basis for the appeal fee.
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 e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now