M.N. -v- S.M. [2005] IESC 30 (05 May 2005)

M.N. -v- S.M. [2005] IESC 30 (05 May 2005)

Where a defendant succeeds in reducing damages on appeal but the appeal is confined to assessment of damages, and where making offers or lodgments would not have been realistic, the fairest solution may be to make no order as to costs on the appeal, exercising judicial discretion to avoid hardship to either party.

Citation
[2005] IESC 30
Parties
Plaintiff/respondent: M. N.; Defendant/appellant: S. M.
Jurisdiction
Ireland
Judgment Date
05 May 2005
Procedural Posture
Appeal (costs) / Post Judgment (costs Determination After Appeal)
Outcome
No order as to costs on the appeal.
Legal Topics
Costs on Appeal, Assessment of Damages, Sexual Assault Damages
Civil Procedure Tort Law Costs on Appeal Assessment of Damages Sexual Assault Damages

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Parties

M. N.

Plaintiff/respondent

S. M.

Defendant/appellant

Procedural Posture

Appeal (costs) / Post Judgment (costs Determination After Appeal)

Legal Issues

  1. 1 Who should bear the costs of an appeal where damages are reduced on appeal but the appeal is confined to assessment of damages

Ratio Decidendi

Where a defendant succeeds in reducing damages on appeal but the appeal is confined to assessment of damages, and where making offers or lodgments would not have been realistic, the fairest solution may be to make no order as to costs on the appeal, exercising judicial discretion to avoid hardship to either party.

Court Disposition

No order as to costs on the appeal.

Orders

  • No order as to costs on the appeal.