Supreme Court of Ireland Decisions

1. The Court has already given judgment in this matter and adjourned the question of costs until today. Mr. Gleeson on behalf of Roche Ireland Limited and Mr. Collins on behalf of the Environmental Protection Agency have sought an Order for the costs of the appeal. Mr. Gaffney on behalf of the Appellant made an application to this Court for an Order setting aside the ward of costs in the Order made by Mr. Justice Lavan, has applied that there should be no costs awarded in respect of the hearing of the appeal and thirdly, with regard to the decision of the learned trial judge to refuse the application it made for costs under the

2. Attorney General’s Scheme, that this Court should now award him costs under the Attorney General’s Scheme.

3. In the first instance the Court would like it make quite clear that in its opinion the provisions of the Attorney General’s Scheme does not apply in the circumstances of this case and will certainly unhesitatingly refuse that application.

4. On the general question of costs the Court has given very serious consideration to all the circumstances of the case, the ground of the application with regard to the failure of the Environmental Protection Agency to specify in the licence the ground upon which it was given and that it was the judgment of this Court that that was adequate, the reasons being available in the other documents referred to in the judgment. However, the Court fully appreciates the seriousness of the issues raised by the Plaintiff and the submissions made by Mr. Gaffney and it takes the view that in the particular circumstances of this case, which is not to be regarded in any way as a precedent, that it would be appropriate to do justice between the parties to make no Order as to costs in this Court and set aside that portion of the Order of the learned trial judge which awarded costs in the High Court to the Environmental Protection Agency and Roche Ireland Limited and to make no Order as to the costs of the High Court.