Lowry is awarded 80pc of his costs in Moriarty challenge
THE Court of Appeal has awarded Independent TD Michael Lowry 80pc of his legal costs in a case where he challenged a decision by the Moriarty Tribunal.
The ruling, delivered on Wednesday, will have significant implications for the tribunal as it is now faced with a bill of around €750,000 arising from Mr Lowry’s challenge.
This would include its own costs from the High Court and Court of Appeal, as well as fourfifths of Mr Lowry’s legal costs from those proceedings.
The court ruled in Mr Lowry’s favour last week after he challenged a decision by the tribunal to award him only one-third of his legal costs from the inquiry, which investigated payments to politicians and related matters and sat for 15 years.
The tribunal will now have to reconsider what proportion of his tribunal costs Mr Lowry must pay.
On Wednesday, Shane Murphy SC for the tribunal argued Mr Lowry had succeeded only in one part of his application and that he should only get one half of his costs for proceedings in both courts. However, Niamh Hyland SC for Mr Lowry argued he was entitled to all his costs.
Court of Appeal President Mr Justice Sean Ryan delivered the unanimous decision of the court to award Mr Lowry 80pc of his costs from the High Court and appeal court proceedings and all reserved costs.
Last week the court allowed Mr Lowry’s appeal in relation to his tribunal costs, which he says runs into millions.
However, the court dismissed his appeal in relation to a specific ruling by the tribunal that he not be awarded all his costs having regard to findings of non-cooperation by him.
The High Court had dismissed his challenge to the costs decision because he engaged in “a litany of falsification and deception” in his failure to co-operate with the tribunal.
Mr Lowry appealed that decision claiming, among other things, he was treated differently from one of the other tribunal subjects, former Taoiseach Charles Haughey, who was awarded his costs.
The tribunal had opposed the appeal.