In his ruling on legal costs of the action today, Mr Justice Hogan said he was satisfied that Deputy Doherty had raised "serious, worthy and bona fides" legal issues which allowed the court depart from the normal rule that costs follow the event.
However the Judge said that he had to temper this with the fact Deputy Doherty had delayed in bringing the action, which the Judge held to be prejudicial against both the State and the Commission. The action was brought on the eve of the referendum and required a late night sitting to consider the issues.
In addition in his proceedings had made claims in relation to the second statement made by the Commission was made "under the radar".
That claim the Judge he said were "unfair, unfounded, and without substance," and was something he had to tale account of when considering costs.