Courts / Ireland / Report

O'Doherty and Waters must pay costs of failed challenge to Covid-19 laws

Summary

In a High Court ruling on 5 June 2020, Mr Justice Charles Meenan ordered Gemma O'Doherty and John Waters to pay the legal costs of the State respondents and notice parties for the two‑day hearing of their application to challenge Covid‑19 laws. The judge said the costs, estimated at a substantial five‑figure sum, were limited to that hearing. The court had previously refused to grant them permission for a full hearing of the High Court. O'Doherty and Waters, who claimed the laws were unconstitutional and brought the action in the public interest, are appealing the dismissal to the Court of Appeal. The judge dismissed their arguments for a protective costs order and for not being penalised because the action was in the public interest, stating they had not engaged meaningfully with the respondents' case and had not provided expert evidence to support their claims of disproportionate or unconstitutional laws.

Who, what, where, when and why

What: Report matter: O'Doherty and Waters must pay costs of failed challenge to Covid-19 laws. Procedural stage: appeal

When:

• 2020-06-05 Publication

Why: Mr McCann said Mr Waters and Ms O'Doherty were not entitled to invoke public interest as a reason for bringing their proceedings, while Mr Kieran relied on the court's finding that the case against the Oireachtas was "unstateable". CNI source report

Places mentioned

Topics

Stage Appeal

Read the original CNI report