The HSE had previously complained that they should not be liable for costs on the basis that the mother would have been entitled to legal aid had she applied rather than hiring private solicitors.

The District Court referred the question of costs to the High Court. The High Court judge held that the mother was entitled to choose her own lawyer, was not obliged to apply for legal aid and her eligibility for legal aid whether established or presumed had no bearing on her entitlement to seek her costs against the HSE.

The appeal by the HSE was withdrawn following the Supreme Court judges making clear that there was no factual basis for the claims by the HSE concerning the mother’s entitlement to legal aid.

Click here to read a report on this case in the Irish Times.