O'Sullivan v Health Service Executive (Approved)

RULING ON COSTS of Mr. Justice Barr delivered electronically on the 20th day of May, 2021

1.������ In a written judgment delivered on 27th of April, 2021, the court refused all of the reliefs sought by the applicant against the respondent. That judgment is reported at [2021] IEHC 282 . This ruling deals with the terms of the final order; the issue of costs and the question of a stay on both the continuation of the investigation into the applicant's conduct on 4th and 5th September, 2018 and whether there should be a stay on the judgment of the court in the event of an appeal.

2.������ The respondent has submitted that as it was entirely successful on all grounds put forward by the applicant, it is entitled to an order that its costs should be paid by the applicant.

3.������ The respondent accepts that even where a party has been entirely successful in an action, there can be circumstances where a court in its discretion can decline to award the successful party some or all of its costs: see s. 169 of the Legal Services Regulation Act, 2015; Chubb European Group SE v. The Health Insurance Authority [2020] IECA 183 and Higgins v. Irish Aviation Authority [2020] IECA 277 . The respondent submits that none of these countervailing circumstances apply in this case so as to deprive it of some or all of its costs.

5.������ The applicant stated that having regard to both these submissions and in addition having regard to the fact that the applicant had suffered substantial loss of earnings since being put on administrative leave and due to his not working, and he faced the possibility of becoming de-skilled as a result; it was an appropriate case in which the court should make no order as to costs.