The Supreme Court has awarded costs on a party-and-party basis following its appeal judgment in the case involving Yusif Ali Abdi, declining his counsel’s request for enhanced legal practitioner and client costs.
The ruling, delivered on 29 July 2022 by Dunne, Charleton, O’Malley, Woulfe and Murray JJ, concerned costs only. The court said it should be read alongside its substantive judgment, delivered on 30 May 2022. Because that judgment was delivered electronically, the usual costs submissions were not heard immediately afterwards. The parties instead made written submissions in July, and the court decided an oral hearing was unnecessary.
The Director of Public Prosecutions accepted that costs should be awarded to the winning party in the ordinary way. The DPP also accepted that the award for the Court of Appeal and Supreme Court hearings should cover one solicitor, one junior counsel and two senior counsel, matching the appellant’s representation. Costs for the High Court and Court of Appeal proceedings had already been awarded on the ordinary basis, and no request had been made for enhanced costs for those hearings.
Abdi’s counsel sought a higher level of remuneration under the Rules of the Superior Courts, arguing that the court should take account of the conduct of the proceedings. The Supreme Court said it was not necessary to decide the correctness of a High Court decision cited by counsel or to address issues about legal aid for the trial, retrial or miscarriage-of-justice certificate application.
The court said the substantive judgment made no finding of negligent or dishonest conduct by any State party or witness. It found that the parties had pursued their factual and legal positions properly, and said there was no basis for an extraordinary costs award. The court awarded costs on a party-and-party basis. The ruling does not specify a monetary amount.