No award of costs against abuse victim

The Supreme Court has refused an application by the Residential Institutions Review Committee and the State for costs against…

The Supreme Court has refused an application by the Residential Institutions Review Committee and the State for costs against an abuse victim after their successful appeal against a High Court decision upholding her challenge to the 2002 law restricting redress for abuse in residential institutions to children under 18.

The three-judge court ruled yesterday the exceptional circumstances of the case merited no order for costs of the appeal, meaning each side will pay their own costs.

The High Court had ruled the 18-year age limit was unconstitutional on grounds it amounted to “unjustifiable discrimination” on grounds of age as the abuse occurred when persons under 21 were regarded in law as children.

The age limit of 18 will now stand after the Supreme Court granted the appeal by the committee and the State.