Environment (Miscellaneous Provisions) Act 2011

3.

Costs of proceedings to be borne by each party in certain circumstances.

3.— (1) Notwithstanding anything contained in any other enactment or in—

( a) Order 99 of the Rules of the Superior Courts ( S.I. No. 15 of 1986),

( b) Order 66 of the Circuit Court Rules ( S.I. No. 510 of 2001), or

( c) Order 51 of the District Court Rules ( S.I. No. 93 of 1997),

and subject to subsections (2), (3) and (4), in proceedings to which this section applies, each party (including any notice party) shall bear its own costs.

(2) The costs of the proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant, or as the case may be, the plaintiff, to the extent that he or she succeeds in obtaining relief and any of those costs shall be borne by the respondent, or as the case may be, defendant or any notice party, to the extent that the acts or omissions of the respondent, or as the case may be, defendant or any notice party, contributed to the applicant, or as the case may be, plaintiff obtaining relief.

(3) A court may award costs against a party in proceedings to which this section applies if the court considers it appropriate to do so—

( a) where the court considers that a claim or counter-claim by the party is frivolous or vexatious,

( b) by reason of the manner in which the party has conducted the proceedings, or

( c) where the party is in contempt of the court.

(4) Subsection (1) does not affect the court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.

(5) In this section a reference to “court” shall be construed as, in relation to particular proceedings to which this section applies, a reference to the District Court, the Circuit Court, the High Court or the Supreme Court, as may be appropriate.

Annotations:

Editorial Notes:

E6

Certain court fees excluded for proceedings to which section applies (30.10.2014) by Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014), art. 8, in effect as per art. 1(2).

E7

Previous affecting provision: certain court fees excluded for proceedings to which section applies (3.02.2014) by Supreme and High Court (Fees) Order 2014 (S.I. No. 24 of 2014), art. 8; revoked (30.10.2014) by Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014), art. 11.

E8

Previous affecting provision: certain court fees excluded for proceedings to which section applies (3.12.2013) by Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013), art. 7, in effect as per art. 1(2); revoked (3.02.2014) by Supreme Court and High Court (Fees) Order 2014 (S.I. No. 24 of 2014), art. 11.

E9

Previous affecting provision: certain court fees excluded for proceedings to which section applies (10.07.2013) by Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013), art. 8, in effect as per art. 1(2); revoked (3.12.2013) by Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013), art. 10.