Donegal County Council has been ordered to pay the legal costs of Raphoe Councillor Frank McBrearty Jnr after discontinuing injunction proceedings against him.
The case relates to an interlocutory injunction granted by the High Court restraining Mr Frank McBrearty from attending council meetings in February 2022 due to alleged disruptive conduct.
The proceedings were largely moot by July 2022, but the council’s subsequent actions to “drive on the proceedings” caused further costs to be incurred.
The Council’s actions included delivering a statement of claim on 5 August 2022 seeking relief for the costs of the proceedings. The Council also took steps to require Mr McBrearty to deliver a defence and issued a motion against him in respect of his failure to do so within the time permitted by the Rules of the Superior Courts.
Mr McBrearty said that his legal costs arose as a result of the decision of the council not to discontinue the proceedings when they became moot, leading him to seek an order for his costs against the council.
Delivering judgment in the case, Ms Justice Eileen Roberts said that Donegal County Council could have discontinued the proceedings at any time after 28 February 2022. By that stage, the suspension of Cllr McBrearty had expired and the council had secured the objective of the proceedings.
At this point, there would have been little or no costs in relation to the proceedings, as Mr McBrearty represented himself at the injunction hearing.
Ms Justice Eileen Roberts ordered that the council should pay Mr McBrearty’s costs of the proceedings to the date of discontinuance.
Mr McBrearty agreed that the counterclaim could be struck out if the proceedings were discontinued.
A hearing on costs will take place on 17th May.