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| Killian Flood BL |
Delivering judgment in the case, Ms Justice Eileen Roberts refused the Council’s application for summary judgment against the defendant regarding its costs. The court held there had been no decision on the merits of the case and the court was being asked to assume the result of a “hypothetical trial”.
Further, the ordinary rules relating to discontinuance and costs applied in the case. The Council had progressed the substantive proceedings and Mr McBrearty had incurred costs. Accordingly, the Council was required to pay his legal expenses.
Further, the ordinary rules relating to discontinuance and costs applied in the case. The Council had progressed the substantive proceedings and Mr McBrearty had incurred costs. Accordingly, the Council was required to pay his legal expenses.
Background
Mr McBrearty was an elected member of Donegal County Council. During a meeting in January 2022, the Council passed a resolution to suspend Mr McBrearty for a period of one month arising out of alleged disruptive conduct.
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There is a David versus Goliath battle raging in the political hills of Donegal as one lone Independent Clr takes on the carnal slavering might of the Cl Executive and thirty three of his erstwhile colleagues as he attempts to train the beam of his powerful torchlight into dark forbidden putrid corners. Keep a weather eye on this space as we are only in the warm-up period and i'm told when Clr Mc Brearty gets the revs up neither your chin nor your ballocks is guaranteed free passage.
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