Courts / Ireland / Report

O'Doherty & Waters won't have to pay State's legal costs in Covid laws challenge

Summary

In a 6‑to‑1 decision, the Supreme Court ruled that Gemma O'Doherty and John Waters need not pay the State's legal costs for their failed challenge to Covid‑19 legislation. Chief Justice Donal O'Donnell noted that the applicants had not sought personal gain and that the case raised fundamentally important issues, but that the courts had found their arguments lacking sufficient evidence. The Court vacated earlier costs orders made by the High Court and Court of Appeal against the applicants. It also declined to order the State to pay costs incurred by the Dáil, Seanad and Ceann Comhairle, suggesting those parties seek a costs order only for the Court of Appeal proceedings. The decision reaffirmed that expert evidence is not mandatory for a constitutional challenge, but that a plausible evidential basis is required for a claim to succeed. The ruling upheld the lower courts' findings that the applicants' case was not arguable.

Who, what, where, when and why

What: Report matter: O'Doherty & Waters won't have to pay State's legal costs in Covid laws challenge. Procedural stage: appeal

When:

• May 2020 Hearing Or Sentence
• 2022-07-19 Publication

Why: However, he said there was an element of the case brought by Mr Waters and Ms O'Doherty where leave should have been granted because of the impacts the measures had on various constitutional rights and regulations. CNI source report

Places mentioned

Topics

Stage Appeal

Read the original CNI report