L.W & R.L v The Health Service Executive (Unapproved)

COST RULING of Ms. Justice Tara Burns delivered on the 17 th day of January, 2024�

    The substance of this appeal was dealt with in a written judgment delivered on 9 October 2023, with which Binchy and Allen JJ agreed ( [2023] IECA 244 ).� For the reasons set out in that judgment, the conclusion of the Court was that the appeal must fail.� After some consideration regarding the appropriate order to be made, it was determined to affirm the order of the High Court which had been made in favour of the appellants.�

    At paragraph 42 of the judgment I expressed the provisional view that, as the appellants had been entirely unsuccessful in their appeal, the normal rule that costs follow the event should apply.� However, I indicated that if the appellants wished to contend otherwise, they could within fourteen days of the electronic delivery of the judgment, file and serve a short written submission - not exceeding 1,000 words - in� which event the respondent would have fourteen days to file and serve a response, similarly so limited.

    On 22 October 2023, the appellants filed a written submission contending that the respondent should not have costs of the appeal awarded to it and that the appropriate order, in the particular circumstances of the case, was no order as to costs.� The respondent also filed written submissions wherein it sought that the costs of the appeal be awarded to the respondent.

    The appellants were unsuccessful in obtaining any of the reliefs which they had sought in their proceedings before the High Court (Meenan J) [2023] IEHC 48 .� However, a declaration, which they had not sought, was granted in their favour in the following terms:- ��