O'Sullivan v The Minister for Social Welfare

• Jurisdiction: Ireland
• Judgment Date: 01 January 1997
• Docket Number: [1994 No. 280 J.R.]
• Date: 01 January 1997
• Court: High Court

(H.C.)

O'Sullivan

and

Minister for Social Welfare

- Costs - Occupational injury - Costs of legal representation before appeals officer - Applicant represented by solicitor - Application for costs refused by appeals officer - Whether appeals officer must act judicially - Whether remuneration for common law proceedings should be a factor in awarding costs - Whether appeals officer having discretion regarding award of costs - Whether agreement between Appeals Office and Law Society fettering discretion - Whether discretion to be exercised in accordance with the principle that costs follow the event - Social Welfare (Consolidation) Act, 1981 (No. 1), s. 298 (11).

The Social Welfare (Consolidation) Act, 1981, s. 298, sub-s. 11 provides inter alia that an appeals officer may, in relation to any matter referred to him under this section, award to any person costs or expenses which he considers reasonable, and the award shall be payable by the Minster. The applicant suffered disablement arising from an occupational injury. He was successful in appealing the decision of the deciding officer in relation to the degree of disablement suffered and was represented in that appeal by his solicitor. The appeals officer awarded a sum of £30.00 expenses to the applicant's solicitor but refused him his application for costs on the ground that he had exercised his discretion to refuse costs and had decided to allow expenses only. The applicant obtained leave to apply for an order of certiorari by way of judicial review to quash the direction of the appeals officer in relation to expenses on the ground that costs ought to have been granted. The applicant submitted that the appeals officer had in effect fettered the exercise of his discretion by agreeing to allow a particular sum to a solicitor in each case and that the discretion given by the Social Welfare (Consolidation) Act, 1981, s. 298, sub-s. 11 must be...