The Supreme Court has ordered the State Respondents to pay Kevin Tracey €1,242 for expenses and outlay arising from proceedings that had earlier been struck out by the High Court and later reinstated on appeal.
The ruling, delivered by Chief Justice Clarke on June 25, 2021, dealt only with the outstanding question of costs. The court had allowed Mr Tracey’s appeal in the principal proceedings as part of a wider appeal concerning six cases. The source does not state the date of that earlier judgment beyond identifying it as Tracey v McDowell & ors [2016] IESC 44.
At a hearing on June 21, 2021, the State Respondents accepted that costs should follow the event. They argued, relying on Dawson v Irish Brokers Association [2002] IESC 36, that Mr Tracey could recover expenses and outlay but not payment for the time he had spent on the proceedings. Mr Tracey sought some form of payment for that time and effort.
The Courts Service took a similar position as a fallback, while arguing that no costs order should be made against it. The court said it did not need to decide whether the Courts Service was liable because the State Respondents agreed to pay the amount the court considered appropriate. It saw no practical benefit in making a second order for the same costs against the Courts Service.
The court said the established Irish law in Dawson did not permit it, at this stage, to depart from the rule limiting recovery to expenses and outlay. It noted that developments in England and Wales and Canada relied on legislative or rule changes without a counterpart in Ireland.
The court awarded Mr Tracey €1,242 in expenses and outlay against the State Respondents. It made no order for costs against the Courts Service. The ruling did not award compensation for Mr Tracey’s time and effort.