The Supreme Court made no order for costs after dismissing Kevin Tracey’s appeal against the refusal of judicial review.
In a ruling dated 23 August 2021, Mr Justice John MacMenamin said the decision followed submissions from the respondents, District Judge Tom O’Donnell and the Director of Public Prosecutions. Their counsel had submitted that no order for costs should be made in either the High Court or Supreme Court proceedings.
Tracey, who represented himself, submitted that he was entitled to €9,019 for costs and outlay. He also drew the Court’s attention to how long the proceedings had been before the courts.
The ruling said Tracey’s appeal had been entirely unsuccessful. It referred to the general principle under Order 99 of the Superior Court Rules 1986, as amended, and section 169 of the Legal Services Regulation Act 2015, that costs follow the event and an entirely successful party is entitled to costs. MacMenamin J said the respondents’ decision not to seek costs was a substantial concession.
The Court concluded that, having regard to the submissions, the just order was to make no order for costs. The ruling concerned costs only; it did not revisit the earlier refusal of judicial review or the dismissal of the appeal.