Ten cases in which judgment had yet to be delivered by a Supreme Court which included the former judge, Mr Hugh O'Flaherty, have been relisted before the Supreme Court next week. Many of the cases may have to be reheard, involving substantial costs to the State.
One of the cases, a challenge by the Minister for Justice to a High Court decision which has effectively suspended the issuing of deportation orders, has been listed for a full rehearing next Tuesday.
On the same day, nine other cases are listed for mention. It is expected the court will hear any submissions which counsel involved in the other cases may make, including submissions on whether the cases should be fully reheard.
If even a number of the cases are reheard, it is believed the cost of those proceedings will amount to several hundred thousand pounds - a bill which would almost certainly have to be met by the State.
Among the nine cases listed for mention before the five-judge court next Tuesday is a case heard by Mr O'Flaherty which arose out of a Circuit Court decision by the then Circuit Court judge Mr Cyril Kelly (who later became a High Court judge and who also resigned) that an Irish Times article about Dublin criminal Eamonn Kelly, published after his 1993 conviction on drugs charges but prior to his being sentenced to 14 years' imprisonment, was a contempt of court.
Meanwhile, it has yet to be established how cases heard by former High Court judge Mr Kelly, but where he had not delivered judgment, are to be dealt with. It is believed at least some will have to be reheard, again involving almost inevitable expense for the State.
Among the cases is an action for damages by a Dublin barman who claimed he was sexually abused by a cleric while he was a child in care at Madonna House, Blackrock, Co Dublin.
A Department of Justice spokesman said yesterday a decision on costs in such cases was one to be made by the courts themselves in individual cases.
Departmental sources said while there was no automatic entitlement to costs in such cases, precedents suggested applications for costs in circumstances where a judge's resignation or death had forced a case to be restated were treated "very sympathetically".