Campbell v County Sligo Golf Club & Ors (Unapproved) [2023] IECA 132 (25 May 2023)

Campbell v County Sligo Golf Club & Ors (Unapproved) [2023] IECA 132 (25 May 2023)

The Court should accede to the parties' request and not deliver judgment, giving significant weight to the agreed position of the parties and the public interest in encouraging settlement, as the principal focus is on resolution of particular issues rather than matters of general significance.

Citation
[2023] IECA 132
Parties
Plaintiff/appellant: Colm Campbell; Defendant/respondent: County Sligo Golf Club; Defendant/respondent: Golfing Union of Ireland National Coaching Academy Ltd; Defendant/respondent: Kevin Le Blanc
Jurisdiction
Ireland
Judgment Date
25 May 2023
Procedural Posture
Personal Injury Appeal / Appeal Withdrawn After Hearing, Before Judgment
Outcome
Appeal withdrawn by consent, all High Court costs orders vacated, no order as to costs in Court of Appeal.
Legal Topics
Appeal Withdrawal, Judicial Discretion on Judgment Delivery, Settlement of Litigation
Civil Procedure Personal Injury Appeal Withdrawal Judicial Discretion on Judgment Delivery Settlement of Litigation

Case Brief

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Parties

Colm Campbell

Plaintiff/appellant

County Sligo Golf Club

Defendant/respondent

Golfing Union of Ireland National Coaching Academy Ltd

Defendant/respondent

Kevin Le Blanc

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Appeal Withdrawn After Hearing, Before Judgment

Legal Issues

  1. 1 Should the Court deliver judgment after appeal is settled and parties request it not to be delivered?
  2. 2 What factors govern the exercise of judicial discretion in such circumstances?

Ratio Decidendi

The Court should accede to the parties' request and not deliver judgment, giving significant weight to the agreed position of the parties and the public interest in encouraging settlement, as the principal focus is on resolution of particular issues rather than matters of general significance.

Court Disposition

Appeal withdrawn by consent, all High Court costs orders vacated, no order as to costs in Court of Appeal.

Orders

  • Permit withdrawal of appeal by consent
  • Vacate all costs orders made in the High Court