O’Doherty and Waters must pay legal bills of their failed case

THE High Court has ordered that Gemma O’Doherty and John Waters must pay both their own and the State’s legal costs of their failed challenge to legislation brought in to limit the spread of Covid-19.

The pair had argued that they should not have to foot the bill, as they had brought the case in the public interest.

In his ruling, Judge Charles Meenan said the issues raised by the widespread restrictions and regulations were important matters of public interest.

‘However, the manner in which the applicants conducted their proceedings, their failure to consider or answer the case being made against them, and to only have regard to their own opinions, meant that these proceedings were very far from being in the public interest,’ the judge said.

No grounds had been established for him to depart from the normal rule that the losing party must pay the costs, Judge Meenan said, ordering that Ms O’Doherty and Mr Waters should pay the costs of the Health Minister and Attorney General, as well as the Dáil, Seanad and Ceann Comhairle.

He said the costs should be limited to the two-day hearing of the application only.

Ms O’Doherty and Mr Waters’s case sought to strike down temporary restriction regulations brought in to reduce the spread of Covid-19 under the 1947 Health Act. They had claimed that the laws, and the manner in which they were enacted, were repugnant to several articles of the Constitution, including rights to travel, bodily integrity and the family.

The case attracted crowds of supporters to the Four Courts, and gardaí had to ensure social distancing was maintained. Ms O’Doherty and Mr Waters plan to appeal the decision to the Court of Appeal.