By Mark Tottenham BL in Ireland High Court, Irvine J No Comments Tags: Compensation tribunal, Costs
J M v. Minister for Health (No 2) [2012] IEHC 84
(High Court, Irvine J, 6 March 2012)
High Court grants costs to appellant in appeal from decision of compensation tribunal.
Hepatitis C and HIV Compensation Tribunal – appeal – costs – appeal heard as de novo assessment of claim for general and special damages – increase by approximately €70,000 in award of special damage – no increase in award of More
By Mark Tottenham BL in Ireland High Court, Ryan J No Comments Tags: Costs
Kenny v. Trinity College Dublin 2012 [IEHC] 77
(High Court, Ryan J, 24 February 2012)
High Court dismisses application for review of decision of Taxing Master in relation to alleged environmental cases.
Taxation of costs – review of decision by taxing master – Article 10a of Directive 85/337/EEC – requirement that persons with legitimate interest in decisions affecting environment have access to review procedure that was “fair, equitable, More
By Mark Tottenham BL in Ireland High Court, Laffoy J No Comments Tags: Costs, Probate law
Cawley v. Lillis [2012] IEHC 70
(High Court, Laffoy J, 21 February 2012)
High Court awards plaintiffs’ costs to be paid out of funds held jointly with defendant following sale of assets held with his deceased wife, and makes no order in relation to defendant’s costs.
Costs of proceedings – settlement following earlier judgment – joint funds arising from realisation of joint assets – action commenced by special summons concerning estate of deceased – relevance of case law concerning probate actions – contest between estate and third party concerning ownership of More
By Ciaran Joyce BL in Northern Ireland High Court, Treacy J No Comments Tags: Assessment of damages, Contract law, Costs
Young -v- Hamilton [2012] NICh 4
(High Court of Northern Ireland, Treacy J, 24 February 2012)
Northern Irish High Court reduces damages and penalises plaintiff as to costs costs in contractual misrepresentation case.
Contact for sale – misrepresentation – Sale of site – quantum and costs arising from the Court’s earlier judgment – exorbitant claim in respect of matters which were plainly the mistake of the plaintiff – excessive and manifestly unjustifiable More
By Mark Tottenham BL in Kearns P No Comments Tags: Costs, Personal injuries
Bourbon v. Ward [2012] IEHC 30
(High Court, Kearns P, 17 February 2012)
High Court allows appeal from ruling of Taxing Master, and remits matter for proper determination of fees charged by plaintiff solicitor in settled personal injuries claim. (Full text.)
Taxation of costs – review of ruling by taxing master – Order 99 Rule 38(3), RSC – s. 27(3), Courts and Court Officers Act 1995 – appeal by personal injury defendants – €212,000 instruction fee for plaintiff’s solicitors – infant plaintiff More
By Mark Tottenham BL in Peart J No Comments Tags: Costs, Habeas corpus (Article 40)
Rostas v. Governor of Mountjoy Prison [2012] IEHC 33
(High Court, Peart J, 2 February 2012)
High Court grants costs of Article 40 (habeas corpus) inquiry to prisoner where respondent failed to produce him to court on three separate occasions. (Full text.)
Lawfulness of detention – Article 40 – habeas corpus – costs – failure to produce applicant to court – four-month sentence – road traffic offence – reconizances fixed pending appeal – application to vary reconizances – failure to produce More
By Mark Tottenham BL in Laffoy J No Comments Tags: Company law, Costs
In Re Skyway Tours Ltd; Doyle v. Bergin (No 2) [2011] IEHC 518
(High Court, Laffoy J, 20 December 2011)
High Court awards costs of s 205 petition to petitioner, except costs of valuation evidence, and awards costs of valuation evidence to respondent by way of offset, after Calderbank letter opened to court. (Full text.)
Company law – costs – oppression of minority shareholder – s 205, Companies Act 1963 – whether respondent entitled to costs – where petitioner had not succeeded on all issues – whether petitioner had unnecessarily elongated More
By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Costs, Environmental law
John Ronan and Sons v. Clean Build Ltd (No 3) [2011] IEHC 499
(High Court, Clarke J, 21 December 2011)
High Court makes costs order following complex litigation arising from polluted site. (Full text.)
Costs – three related actions – claims under Waste Management Acts – actions to prevent unlawful activities – involvement of local authority – costs of complex cases – identification of “event” – Order 99, rule 1 – joint and several liability – More
By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Costs
ACC Bank PLC v. Johnston [2011] IEHC 502
(High Court, Clarke J, 21 December 2011)
High Court determines that defendant was not entitled to indemnity from third party in respect of costs of defending proceedings against plaintiff, but was entitled to costs in relation to third party action. (Full text.)
Costs of third party claim – claim against solicitor for negligence – several previous written judgments on issues of liability, third party liability, damages, apportionment and costs – whether defendant indemnified by third party – More
By Mark Tottenham BL in Kearns P No Comments Tags: Asylum and immigration, Costs, Judicial review
Salman v. Minister for Justice [2011] IEHC 481
(High Court, Kearns P, 16 December 2011)
High Court grants costs of application for mandamus where decision on naturalisation made on eve of hearing following three-year delay. (Full text.)
Judicial review – mandamus – application for naturalisation – application to compel Minister to issue decision – 2008 application – Irish Nationality and Citizenship Act, 1956 – failure to issue decision by April 2011 – certificate of More