McCool v Honeywell Control Systems Ltd (Approved) (Rev1) [2024] IESC 15 (22 April 2024)

McCool v Honeywell Control Systems Ltd (Approved) (Rev1) [2024] IESC 15 (22 April 2024)

The appellant is entitled to the costs of the appeal before the Supreme Court as he was successful on the narrow ground of appeal, but the costs orders made in the High Court and Court of Appeal are not to be varied because the substitution applications were dismissed for reasons beyond the issue decided on appeal, and those findings remain undisturbed.

Citation
[2024] IESC 15
Parties
Plaintiff/appellant: Eugene McCool (substituted as plaintiff for McCool Controls and Engineering Limited by order of the Master of 8th November, 2017); Defendant/respondent: Honeywell Control Systems Limited
Jurisdiction
Ireland
Judgment Date
22 April 2024
Procedural Posture
Civil Appeal (costs Ruling) / Supreme Court of Ireland, Post Appeal Costs Determination
Outcome
Appellant awarded costs of the Supreme Court appeal; application to vary costs orders in the High Court and Court of Appeal refused.
Legal Topics
Costs, Assignment of Claims, Substitution of Parties, Champerty, Issue Estoppel, Res Judicata
Civil Procedure Costs Assignment of Claims Substitution of Parties Champerty Issue Estoppel Res Judicata

Case Brief

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Parties

Eugene McCool (substituted as plaintiff for McCool Controls and Engineering Limited by order of the Master of 8th November, 2017)

Plaintiff/appellant

Honeywell Control Systems Limited

Defendant/respondent

Procedural Posture

Civil Appeal (costs Ruling) / Supreme Court of Ireland, Post Appeal Costs Determination

Legal Issues

  1. 1 Entitlement to costs following a successful appeal on substitution of plaintiff
  2. 2 Whether to vary costs orders made in the High Court and Court of Appeal

Ratio Decidendi

The appellant is entitled to the costs of the appeal before the Supreme Court as he was successful on the narrow ground of appeal, but the costs orders made in the High Court and Court of Appeal are not to be varied because the substitution applications were dismissed for reasons beyond the issue decided on appeal, and those findings remain undisturbed.

Court Disposition

Appellant awarded costs of the Supreme Court appeal; application to vary costs orders in the High Court and Court of Appeal refused.

Orders

  • Appellant to receive costs of the appeal before the Supreme Court, to be adjudicated in default of agreement.
  • No variation of costs orders made in the High Court and Court of Appeal; those orders stand.