The High Court has dismissed a judicial review challenge by 27 people who had succeeded in appeals against refusals of firearms certificates but were denied their costs in the District Court.
The applicants asked the court to quash the District Judges’ decisions refusing costs and to declare that the judges had wrongly concluded they lacked power to make such awards. They also argued that denying the District Court that power breached constitutional and European human rights protections, including fair procedures and equality of arms.
The appeals had resulted in directions requiring An Garda Síochána to issue the relevant certificates. The High Court recorded affidavit evidence, which was not disputed, that the appeals were not straightforward and had cost the applicants time and money. Some involved detailed technical evidence and cross-examination over two days. The applicants were represented by a solicitor who was not acting pro bono.
Justice Baker held that the firearms appeals fell within the licensing category of District Court jurisdiction, rather than the civil proceedings covered by the District Court rule that allows costs to be awarded at the court’s discretion. She considered herself bound by the earlier High Court decision in Hayes v Sheahan, which had held that the District Court had no power to award costs in firearms certificate appeals. She was not persuaded to depart from that decision.
The applicants argued that the District Court’s role was appellate because it could confirm a refusal, adjourn and direct reconsideration, or allow an appeal, while the Garda issuing authority remained responsible for granting the certificate. The judge rejected the argument that this distinction made the earlier decision plainly incorrect, finding that the District Court’s appeal role was an integral part of the licensing process. She also said the District Court rules governing appeals contained no separate provision for costs.
The judge rejected the constitutional and European Convention arguments. She noted that the applicants had access to the District Court appeal process, and that the District Court could not order unsuccessful appellants to pay the Garda authorities’ costs. She said the proceedings concerned a certificate to bear arms as a privilege, not a legal right to hold a firearm.
The court refused the relief sought. It did not overturn the District Court decisions or award costs to the applicants.