Mr Justice McDermott recently handed down his decision in the High Court plenary proceedings that grounded our client’s constitutional challenge to the Children’s Referendum. These proceedings were the second limb of our client’s challenge to the Children’s Referendum, the first limb having already been determined in October 2013. The plaintiff in this case argued that various provisions of the Referendum Act 1994 were unconstitutional.
Mr. Justice McDermott was not persuaded by the plaintiff’s arguments that the legislation was unconstitutional and refused the declarations as sought. The costs matter was dealt with on the same day. The State made an application for costs to be awarded against the plaintiff on the basis that she had not been successful in her claim. The plaintiff made an application for her costs to be awarded against the State relying on the public interest nature of the case and the novel points being litigated. In a judgment on costs that afternoon, Mr. Justice McDermott made no costs orders.
The plaintiff is now seeking to appeal the decision of the High Court in the plenary proceedings to the Supreme Court.
Both the plenary and the petition matters were mentioned before the Chief Justice of the Supreme Court last week. The Chief Justice indicated that the appeals in both the petition and plenary matters will be heard together by the Supreme Court. The Chief Justice confirmed that four days have been set aside for the Supreme Court to hear the appeals, commencing on 1st December 2014.
Rebecca Keatinge,
Mr. Justice McDermott was not persuaded by the plaintiff’s arguments that the legislation was unconstitutional and refused the declarations as sought. The costs matter was dealt with on the same day. The State made an application for costs to be awarded against the plaintiff on the basis that she had not been successful in her claim. The plaintiff made an application for her costs to be awarded against the State relying on the public interest nature of the case and the novel points being litigated. In a judgment on costs that afternoon, Mr. Justice McDermott made no costs orders.
The plaintiff is now seeking to appeal the decision of the High Court in the plenary proceedings to the Supreme Court.
Both the plenary and the petition matters were mentioned before the Chief Justice of the Supreme Court last week. The Chief Justice indicated that the appeals in both the petition and plenary matters will be heard together by the Supreme Court. The Chief Justice confirmed that four days have been set aside for the Supreme Court to hear the appeals, commencing on 1st December 2014.
Rebecca Keatinge,
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