The High Court has ordered the respondents and notice party to bear their own costs after a prisoner’s judicial review application was refused because it was brought out of time. The court also recommended that his legal fees be paid under the Legal Aid – Custody Issues Scheme.
The costs ruling, delivered electronically by Mr Justice Barr on 21 April 2021, followed the substantive judgment delivered on 24 March. In that earlier judgment, the court refused to extend the time for bringing the application and refused the relief sought. The present ruling dealt only with costs.
The respondents and Dáil Éireann, the notice party, sought orders requiring the applicant to pay their costs, arguing that costs should follow the event because they had succeeded in the judicial review proceedings. On the applicant’s behalf, it was submitted that the court should recommend payment of his costs under the custody issues scheme.
The judgment said the applicant was incarcerated while the proceedings were brought and was awaiting trial on serious assault charges. The court noted that he had consulted lawyers and obtained, at the ex parte stage, permission to proceed by way of judicial review. It said the application could not be described as “not stateable”, given that it had been advised by his solicitor and senior and junior counsel and that permission had been granted.
The court said the scheme provides access to legal advice and representation for people in prison who need to bring applications connected with their incarceration or criminal trial. It recommended that fees for the applicant’s solicitor, John M. Quinn & Company, senior counsel Michael O’Higgins and junior counsel Michael D. Hourigan be paid under the scheme.
The court said making the applicant personally liable for the respondents’ and notice party’s costs could have a chilling effect on prisoners seeking to challenge aspects of their detention. Although those parties had incurred costs defending proceedings in which they ultimately succeeded, the court ordered each to bear its own costs.