State entitled to recover legal costs after abortion referendum challenges fail

State entitled to recover legal costs after abortion referendum challenges fail

Legal costs of €200,000 can be recovered by the State and Referendum Commission for their successful defence of challenges to the abortion referendum result, President of the High Court, Mr Justice Kelly ruled yesterday.

One of the challengers, Joanna Jordan, intends to appeal the outcome, which saw her refused permission to bring a petition against the result, The Irish Times reports.

Mr Justice Kelly said the State and Commission can recover their costs against Charles Byrne.

However, the judge recommended the parties consider not pursuing Mr Byrne for costs as his only asset is a piano and because he was not pursuing an appeal.

Ms Jordan’s solicitor, Alan Davoren, asked for a stay to be applied on the referendum result until Friday, given his client’s intention to appeal, to which the judge agreed.

In his ruling, the judge said the applicants had argued that the importance of the referendum result justified a departure from the rules that the costs are borne by the losing party.

Mr Justice Kelly said, however, that while a decision of the people may have fatal consequences for unconceived human beings, that was an issue of the referendum, not of the case.

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