The High Court has refused to order a Mountjoy Prison inmate to pay the respondents’ legal costs after dismissing his judicial review application, while allowing him to obtain a hearing transcript free of charge if he appeals.
The ruling, delivered by Mr Justice Anthony Barr on 14 February 2025, set out the final order following a substantive judgment delivered on 24 January. That earlier judgment refused all the reliefs sought by the applicant, identified as SP.
The Governor of Mountjoy Prison, the Irish Prison Service and the Department of Justice argued that, having successfully resisted the application, they were entitled to their costs under the Legal Services Regulation Act 2015 and the Rules of the Superior Courts. They submitted that no basis existed to deny or reduce a costs award, and argued that the proceedings were not public interest proceedings.
The court accepted that the respondents were prima facie entitled to costs and that none of the statutory grounds for denying or reducing costs applied. It nevertheless ruled that the circumstances justified making no order as to costs.
The judge referred to an earlier High Court decision concerning prisoners’ challenges to the legality of detention or prison conditions, which warned that personal costs orders could deter bona fide cases. He also took account of SP having obtained leave to bring the judicial review after a contested hearing, his genuine belief in his claim, and his conduct during the hearing. The judge said SP had kept his questions focused, complied with time limits and had not abused opposing counsel, a witness or the court.
The court noted that SP was serving a life sentence in Mountjoy Prison. Although there was no evidence about his assets, the judge considered he probably had no significant assets and that a costs order could leave him with a large bill to meet on release, while likely providing little practical recovery for the respondents. The judge concluded that an award would be unjust and could discourage other prisoners from challenging their detention conditions.
The final order refused the reliefs sought and made no order as to costs. SP may obtain a transcript of the hearing’s digital audio recording free of charge if he wishes to lodge an appeal with the Court of Appeal. The respondents may also obtain a transcript, at their own expense. The ruling does not record the outcome of any appeal.