Donegal County Council has been ordered to pay Councillor Frank McBreaty’s legal costs after discontinuing injunction proceedings against him.
An interlocutory injunction suspending Councillor McBrearty from attending Council meetings was obtained in February 2022.
It followed Cllr McBrearty’s non-compliance to a motion suspending him from Council in January.
It was noted that the grant of the injunction would likely dispense with the proceedings entirely.
In July 2022, the Council’s solicitor wrote to Cllr McBrearty, indicating that since his suspension had lapsed, the proceedings were moot. It was proposed to strike out the proceedings.
Cllr McBrearty did not respond and, in August 2022, the Council delivered a statement of claim. In November the same year, the Council requested a defence from him which was not delivered.
In December 2022, the Council issued a motion seeking summary judgment of its costs against Cllr McBrearty.
A defence and counterclaim was delivered in March 2023. Councillor McBrearty opposed the application for summary judgment and argued that he was entitled to his costs.
Ms. Justice Eileen Roberts in the High Court ruled that the Council must pay his costs on the basis that the party seeking to discontinue their proceedings must pay the other party’s costs.
You can view the High Court ruling here
