No costs in case that became moot following Supreme Court decision in another case

By: Shane Kiely BL

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High Court makes no order as to costs in relation to an application for judicial review against the Motor Insurers Bureau of Ireland, that was withdrawn prior to hearing following a Supreme Court ruling in another case, on the grounds that the case had become moot as the result of factors outside of the control of the parties, and that there was no reason to depart from the rule that costs followed the event.

Application for the costs of judicial review proceedings which are being withdrawn - applicant claims that there are exceptional circumstances in this case which justify the departure from the general rule that costs follow the event - on 27th October, 2012, the applicant was involved in a road traffic accident and suffered injuries - an order to pay in the amount of €36,290.00 was made against the policy holder - insurer went into liquidation and the applicant was not paid - MIBI declined to pay applicant - Minister for Finance stated that claimant should seek recourse from Insurance Compensation Fund which would be limited to 65% of the award and costs - applicant was not content with the decision of the MIBI and the Minister and on 15th December, 2014, he applied for leave to issue proceedings by way of judicial review seeking, inter alia, a declaration that the decision of the respondents was unlawful - matter proceeded through several courts and ultimately the Supreme Court decided that MIBI Agreements applied only to a limited class of cases and did not apply where an insurer was insolvent - only remaining issue to be determined is liability for the costs of the application for judicial review - it has been agreed between the applicant and the second to fifth named respondents that no order as to costs should be made between the parties - applicant pursues his costs as against the first named respondent who opposes the application, but who does not seek costs against the applicant - submissions of applicant and respondent - mootness in this case is the result of a factor or factors which were outside the control of the parties - no special circumstances that would award the applicant costs.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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