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Waters & O'Doherty must pay costs of failed Covid challenge

Summary

In a Court of Appeal decision dated 30 April 2021, John Waters and Gemma O'Doherty were ordered to pay the legal costs of their unsuccessful appeal against the High Court's refusal to allow them to challenge Covid‑19 legislation. The three‑judge panel, led by Mr Justice George Brimingham, held that the normal rule that the losing side pays costs applied. The applicants had argued that their action was a public‑interest case and that they had acted as lay litigants, but the court found no special, unusual or exceptional circumstances to depart from the rule. The appeal was dismissed, and the applicants were required to pay the State respondent's costs. The Court noted that the proceedings did not involve any real legal novelty or development of jurisprudence, and therefore could not be considered a genuine public‑interest proceeding.

Who, what, where, when and why

What: Report matter: Waters & O'Doherty must pay costs of failed Covid challenge. Procedural stage: appeal

When:

• May 2020 Other
• 2021-04-30 Publication

Why: Mr Justice Birmingham said that Ms O'Doherty and Mr Waters had argued against the normal rule that costs should follow the event because they submitted the action was brought in the public interest raising issues of great importance. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report