Savickis -v- Governor of Castlerea Prison & Ors [2016] IECA 372 (07 December 2016)

Savickis -v- Governor of Castlerea Prison & Ors [2016] IECA 372 (07 December 2016)

Section 17(3) of the Courts Act 1981 (as substituted) is mandatory and admits of no exceptions; since the plaintiff's action could have been brought in the Circuit Court, the maximum recoverable High Court costs are capped at the amount awarded or the taxed costs of a Circuit Court action, whichever is less.

Citation
[2016] IECA 372
Parties
Plaintiff/appellant: Darius Savickis; Defendants/respondents: Governor of Castlerea Prison, Minister for Justice and Equality, The Irish Prison Service, Ireland and the Attorney General (No.2)
Jurisdiction
Ireland
Judgment Date
07 December 2016
Procedural Posture
Civil Appeal / Post Judgment Costs Determination Following Successful Appeal
Outcome
Costs capped in accordance with s. 17(3) of the Courts Act 1981; maximum recoverable High Court costs limited to €17,225 or the taxed costs of a Circuit Court action, whichever is less.
Legal Topics
Assault, Negligence, Breach of Constitutional Rights, Exemplary Damages, Costs, Jurisdiction
Constitutional Law Tort Law Civil Procedure Assault Negligence Breach of Constitutional Rights Exemplary Damages Costs +1 more

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Parties

Darius Savickis

Plaintiff/appellant

Governor of Castlerea Prison, Minister for Justice and Equality, The Irish Prison Service, Ireland and the Attorney General (No.2)

Defendants/respondents

Procedural Posture

Civil Appeal / Post Judgment Costs Determination Following Successful Appeal

Legal Issues

  1. 1 Whether s. 17(3) of the Courts Act 1981 (as substituted) mandates cost capping in this case
  2. 2 Whether the Circuit Court had jurisdiction to hear an action for breach of constitutional rights

Ratio Decidendi

Section 17(3) of the Courts Act 1981 (as substituted) is mandatory and admits of no exceptions; since the plaintiff's action could have been brought in the Circuit Court, the maximum recoverable High Court costs are capped at the amount awarded or the taxed costs of a Circuit Court action, whichever is less.

Court Disposition

Costs capped in accordance with s. 17(3) of the Courts Act 1981; maximum recoverable High Court costs limited to €17,225 or the taxed costs of a Circuit Court action, whichever is less.

Orders

  • Plaintiff's recoverable High Court costs capped at €17,225 or the taxed costs of a Circuit Court action, whichever is less.