J. B. v The Minister for Justice & Ors (Approved)

Written submissions were exchanged and the Chief State Solicitor confirmed by letter dated 11 May 2022 that there was no objection to remitting the review decision dated 5 October 2016 to the respondent Minister. Having received that confirmation, the solicitors for the appellant confirmed that any question relating to the adequacy of the review mechanisms would not be pursued.

Thus, the order of certiorari will be granted and the decision remitted for reconsideration and there will be no further argument on the �effective remedy� aspect of the case.� The remaining issue is that of costs only.

There is little disagreement between the parties about the regime introduced by the Legal Services Regulation Act 2015 (� the 2015 Act �) and the recast O. 99 of the Rules of the Superior Courts. In fact, both parties cite the summary of the effect of those provisions in Chubb European Group SE v. The Health Insurance Authority [2020] IECA 183 more particularly paras. 19 and 20 thereof.

The appellant�s submissions also refer to the following as matters which this Court should take into account: �

(i) The fact that the appellant made an open offer to withdraw the appeal subject an order about costs, which was rejected by the respondents on 30 January 2020 as described in the chronology;