Mungovan v Clare County Council (Unapproved) [2020] IESC 47 (24 July 2020)

Mungovan v Clare County Council (Unapproved) [2020] IESC 47 (24 July 2020)

The Supreme Court exercised its discretion to award 40% of the costs in all courts and on all motions and steps to Mr Mungovan, considering his success on appeal, the wastage of court time, over-pleading, and the conduct of both parties.

Citation
[2020] IESC 47
Parties
Plaintiff/appellant: John James Mungovan; Defendant/respondent: Clare County Council
Jurisdiction
Ireland
Judgment Date
24 July 2020
Procedural Posture
Appeal / Supreme Court Ruling on Costs Following Substantive Appeal
Outcome
Appeal allowed in part; 40% of costs in all courts and on all motions and steps awarded to Mr Mungovan; matter remitted to High Court for unitary trial.
Legal Topics
Costs, Preliminary Issues, Misfeasance in Public Office, Defamation, Malicious Falsehood, Equitable Defences
Civil Procedure Judicial Review Tort Law Local Government Law Costs Preliminary Issues Misfeasance in Public Office Defamation +2 more

Case Brief

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Parties

John James Mungovan

Plaintiff/appellant

Clare County Council

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Ruling on Costs Following Substantive Appeal

Legal Issues

  1. 1 Entitlement to costs following success on appeal
  2. 2 Appropriate allocation of costs given procedural history and conduct
  3. 3 Scope of issues to be retried in the High Court

Ratio Decidendi

The Supreme Court exercised its discretion to award 40% of the costs in all courts and on all motions and steps to Mr Mungovan, considering his success on appeal, the wastage of court time, over-pleading, and the conduct of both parties.

Court Disposition

Appeal allowed in part; 40% of costs in all courts and on all motions and steps awarded to Mr Mungovan; matter remitted to High Court for unitary trial.

Orders

  • 40% of costs in all courts and on all motions and steps awarded to Mr Mungovan.
  • Matter remitted to High Court for unitary trial on specified issues.