The Supreme Court has granted the Minister for Agriculture, Food and the Marine, the Registrar General of Fishing Boats, Ireland and the Attorney General leave to bring a cross-appeal directly from the High Court. The determination was delivered on 14 July 2015.
The court also granted them an extension of time to apply. The defendants said they tried to lodge their application on 18 December 2014 but were told it was out of time. The plaintiffs would not consent to a late filing.
The plaintiffs are Paul Barlow, Michael Crowley, Gerard Kelly and a number of shellfish companies. On 26 February 2015, the Supreme Court granted them leave to appeal directly from the High Court. They filed their notice of intention to proceed on 26 March 2015.
The defendants' cross-appeal concerns costs. It arises from a judgment of Mr Justice Birmingham delivered on 28 October 2014. The defendants say the High Court was wrong to exclude the costs of hearings before the late Mr Justice Feeney in 2013. They also say the ordinary rule, that costs follow the event, should have applied.
The defendants accepted that costs appeals would normally go to the Court of Appeal. They argued that hearing everything in one place would be more efficient. The plaintiffs opposed both the extension of time and the leave to appeal.
The Supreme Court said the defendants have a right to appeal the costs order. The only issue was which court should hear it. Because the plaintiffs had already obtained a direct appeal, it held that the same forum should hear the cross-appeal. It said this serves the interests of justice and the efficient use of court resources.
The court added that a leapfrog appeal for one side gives other parties no automatic right to cross-appeal. It also said that a respondent who applies within 14 days of service should ordinarily get an extension of time, unless there is a very weighty reason against it.