AB v MW [No.2] (Approved) [2025] IEHC 517 (03 October 2025)

AB v MW [No.2] (Approved) [2025] IEHC 517 (03 October 2025)

The plaintiff was entirely successful in the appeal as she established her entitlement to damages in the face of a full contest on liability and quantum by the defendant, including an unsuccessful section 26 application. The reduction in damages did not alter her status as the successful party. The factors raised by the defendant were minor or misconceived and did not warrant a departure from the general rule on costs. Even if the plaintiff was not entirely successful, the overall circumstances justified an award of costs in her favour.

Citation
[2025] IEHC 517
Parties
Plaintiff/respondent: AB; Defendant/appellant: MW
Jurisdiction
Ireland
Judgment Date
03 October 2025
Procedural Posture
Appeal (civil) / Post Judgment Ruling on Costs
Outcome
Plaintiff awarded costs in both the High Court and Circuit Court, including reserved costs.
Legal Topics
Costs, Appeals, Personal Injury
Civil Procedure Costs Appeals Personal Injury

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

AB

Plaintiff/respondent

MW

Defendant/appellant

Procedural Posture

Appeal (civil) / Post Judgment Ruling on Costs

Legal Issues

  1. 1 Whether the plaintiff is entitled to costs despite a reduced award on appeal
  2. 2 Application of sections 168 and 169 of the Legal Services Regulation Act 2015 and Order 99 of the Rules of the Superior Courts to the awarding of costs

Ratio Decidendi

The plaintiff was entirely successful in the appeal as she established her entitlement to damages in the face of a full contest on liability and quantum by the defendant, including an unsuccessful section 26 application. The reduction in damages did not alter her status as the successful party. The factors raised by the defendant were minor or misconceived and did not warrant a departure from the general rule on costs. Even if the plaintiff was not entirely successful, the overall circumstances justified an award of costs in her favour.

Court Disposition

Plaintiff awarded costs in both the High Court and Circuit Court, including reserved costs.

Orders

  • Order for plaintiff's costs in this Court and the Circuit Court to include any reserved costs.
  • Order that the transcript of the DAR of the hearing be made available to the defendant on his undertaking to bear the costs of same.