O'Brien v The Minister for Justice & Ors (Approved)

1.������ On 22nd January, 2021, I delivered judgment in the above matter in relation to the defendant�s application for an order dismissing the plaintiff�s claim for inordinate and inexcusable delay pursuant to the inherent jurisdiction of the court and/or pursuant to Order 122, r.11 of the Rules of the Superior Courts.� That judgment is reported at [2021] IEHC 44 , and should be read in conjunction with this ruling.�

2.������ In the event, I indicated that I would order that the plaintiff�s claim be dismissed, and invited brief written submissions from the parties within fourteen days of communication of the judgment in relation to costs and any other relevant matter.

3.������ The defendants duly made a very brief written submission in relation to the costs, citing s.169 of the Legal Services Regulation Act 2015, and submitting that there was no basis for departing in the present case from the normal rule that costs follow the event.� The defendants accordingly sought an order for the costs of the proceedings as against the plaintiff.�

4.������ By an email of 4th February, 2021 to the court�s registrar, which was copied to the solicitor for the defendants, the plaintiff�s solicitor sought an additional seven days in which to file submissions.� This extension of time was granted.� However, the plaintiff�s solicitors did not file submissions, and when this was pointed out to them by the registrar, it was intimated that the non-compliance with the extended deadline had been due to inadvertence.� The plaintiff�s submissions were emailed to the court on the first working day after the expiry of the extension.

5.������ By email of the same day - 15th February, 2021 - the defendant�s solicitors sent an email to the court�s registrar, on notice to the plaintiff�s solicitors, which stated that �� as these submissions [i.e. the plaintiff�s submissions] concern an issue not relating to the costs of the successful application to dismiss the proceedings, the Defendant/Applicant objects formally to their being received and considered by the court� .� There does not appear to have been any reply to this email from the plaintiff�s solicitors.