A disturbed teenage boy is facing a legal bill of some €127,000 arising from the Supreme Court's refusal to award costs to him of an action which led to that court overturning a High Court order directing the State to adhere to its own timescales for the building of units for disturbed children.
The Supreme Court this week directed that the boy and the State should pay their own costs of the legal proceedings which ran before both courts for several days. It is estimated the legal costs incurred on behalf of the boy amount to some €127,000.
Last December, when overturning Mr Justice Kelly's High Court order which provided the State should adhere to its own timescales for the building of units in seven health board areas, the Supreme Court held, by a four to one majority, that the order breached the separation of powers.
The order had been sought in the course of the hearing of judicial review proceedings taken by the boy seeking appropriate care and accommodation. When the matter was before the Supreme Court in relation to the costs issue, Mr Paul O'Higgins SC, for the State, said the injunction application was "grafted" onto the High Court proceedings and the State had hotly objected to Mr Justice Kelly against taking such a course.
The Chief Justice, Mr Justice Keane, presiding, yesterday directed that the parties should pay their own costs.