Unsuccessful applicant in Irish home birth case to pay her own costs only

Ms Aja Teehan, a pregnant woman who unsuccessfully challenged the HSE’s policy on homebirths, will not have to pay the HSE and Minister for Health's legal costs of over €100,000. Bulletin readers may recall that Ms Teehan had sought to challenge a HSE policy which prevented her from having a home birth assisted by a HSE midwife because she had previously had a caesarean section. Ms Justice O’Malley in the High Court had ruled that the HSE's policy was reasonable. A hearing on costs was adjourned at the time until 6 September.

Generally in Ireland costs “follow the event” which means that the losing side will pay both parties’ costs. Ms Teehan’s lawyers argued that as her case had raised a point of public importance, the ordinary rules in relation to costs should not apply. Ms Justice O’Malley agreed that Ms Teehan’s case had clarified certain matters of public importance and accordingly did not make a costs order. This means that each side will pay their own costs.

PILA has identified costs as the single greatest barrier to public interest litigation in Ireland. PILA has conducted research on potential reforms which could reduce the chilling effect of costs on individuals who wish to take a case on a matter of public interest. Click here to read a PILA report entitled “The Costs Barrier and Protective Cost Orders”.

Click here to read the High Court decision in full.

Click here to read an article in the Irish Independent.

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