The High Court has ruled that Denis Riordan must pay the Irish Financial Services Appeals Tribunal’s costs after dismissing his judicial review challenge to a €5,000 appeal fee.
In a ruling delivered on 25 November 2022, Mr Justice Heslin decided the costs issue on written positions, without an oral hearing. He said the tribunal had been entirely successful in the proceedings and that no reason justified departing from the usual rule that costs follow the event.
The underlying judicial review concerned whether the tribunal had power to require the fee for an appeal under section 31 of the Anglo-Irish Bank Corporation Act 2009. In a judgment delivered on 3 August 2022, the court dismissed Mr Riordan’s claim, finding that he was wrong to argue that the tribunal could not require the fee. The costs ruling addressed only who should bear the legal costs following that dismissal.
The tribunal submitted that costs should follow the outcome. Mr Riordan objected to an order against him and suggested an oral hearing. He had not filed written submissions within the time allowed or sought an extension. Justice Heslin said both parties had the opportunity to provide written submissions and an oral hearing was not necessary to decide the issue.
The judge considered the court’s discretion under Order 99 of the Rules of the Superior Courts and section 169 of the Legal Services Regulation Act 2015. That section provides that a party entirely successful in civil proceedings is entitled to costs unless the court orders otherwise, having regard to the case’s circumstances and the parties’ conduct.
Justice Heslin found no issue with the tribunal’s conduct that could justify withholding costs. He also concluded the case did not warrant an exception: it was a personal challenge to a fee, concerned established principles of statutory interpretation, and did not raise a novel or far-reaching issue requiring clarification.
The court ruled that the tribunal was entitled to its costs, including all reserved costs and any costs of discovery. Those costs are to be adjudicated if the parties cannot agree. The tribunal was invited to submit a draft final order reflecting the ruling.