University College Cork v The Electricity Supply Board (Approved) [2021] IESC 47 (23 July 2021)

University College Cork v The Electricity Supply Board (Approved) [2021] IESC 47 (23 July 2021)

The ordinary rule that costs follow the event applies; UCC, as the successful party on appeal, is entitled to its costs for the appeal and the Court of Appeal. The 'test case' argument advanced by ESB does not justify a departure from this rule. No order as to costs is made for the cross-appeal, as both parties had partial success. Costs for the High Court are reserved to be determined by the trial judge upon remittal.

Citation
[2021] IESC 47
Parties
Plaintiff/appellant: University College Cork - National University of Ireland; Defendant/respondent: The Electricity Supply Board
Jurisdiction
Ireland
Judgment Date
23 July 2021
Procedural Posture
Appeal and Cross Appeal on Costs / Supreme Court Ruling on Costs After Substantive Judgments
Outcome
UCC awarded full costs for the appeal and Court of Appeal; no order as to costs for the cross-appeal; High Court costs reserved for determination upon remittal.
Legal Topics
Costs, Negligence, Contributory Negligence, Test Case Principles
Civil Procedure Tort Law Costs Negligence Contributory Negligence Test Case Principles

Case Brief

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Parties

University College Cork - National University of Ireland

Plaintiff/appellant

The Electricity Supply Board

Defendant/respondent

Procedural Posture

Appeal and Cross Appeal on Costs / Supreme Court Ruling on Costs After Substantive Judgments

Legal Issues

  1. 1 Whether costs should follow the event in complex litigation involving negligence and contributory negligence
  2. 2 Whether 'test case' principles justify a departure from the ordinary rule on costs
  3. 3 How to apportion costs in light of partial success on cross-appeal and remittal of issues to the High Court

Ratio Decidendi

The ordinary rule that costs follow the event applies; UCC, as the successful party on appeal, is entitled to its costs for the appeal and the Court of Appeal. The 'test case' argument advanced by ESB does not justify a departure from this rule. No order as to costs is made for the cross-appeal, as both parties had partial success. Costs for the High Court are reserved to be determined by the trial judge upon remittal.

Court Disposition

UCC awarded full costs for the appeal and Court of Appeal; no order as to costs for the cross-appeal; High Court costs reserved for determination upon remittal.

Orders

  • UCC to recover all costs of the appeal to the Supreme Court.
  • UCC to recover all costs of the appeal to the Court of Appeal.