Horan v. Quilter [2004] IESC 16 (1 March 2004)

Horan v. Quilter [2004] IESC 16 (1 March 2004)

Section 34 of the Arbitration Act, 1954 applies to costs awarded by an arbitrator, and such costs, though unquantified at the time of the award, are a 'sum directed to be paid' and therefore carry interest from the date of the award at the same rate as a judgment debt. The High Court erred in not awarding interest from the date of the arbitrator's award.

Citation
[2004] IESC 16
Parties
Plaintiff/appellant: Tadgh Horan; Defendant/respondent: Thomas Quilter
Jurisdiction
Ireland
Judgment Date
01 March 2004
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Interest on Arbitration Awards, Interpretation of 'sum' in Arbitration Context, Enforcement of Arbitration Awards, Costs in Arbitration
Arbitration Civil Procedure Interest on Arbitration Awards Interpretation of 'sum' in Arbitration Context Enforcement of Arbitration Awards Costs in Arbitration

Case Brief

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Parties

Tadgh Horan

Plaintiff/appellant

Thomas Quilter

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether interest on costs awarded by an arbitrator runs from the date of the award or from the date of the court order enforcing the award
  2. 2 Whether the term 'sum' in section 34 of the Arbitration Act, 1954 includes costs

Ratio Decidendi

Section 34 of the Arbitration Act, 1954 applies to costs awarded by an arbitrator, and such costs, though unquantified at the time of the award, are a 'sum directed to be paid' and therefore carry interest from the date of the award at the same rate as a judgment debt. The High Court erred in not awarding interest from the date of the arbitrator's award.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court varied to provide that interest on the costs awarded by the arbitrator runs from the date of the arbitrator's final award (26 November 1996) rather than from the date of the High Court order (2 July 2001).