Clarke v. Garda Commissioner [2001] IESC 201; [2002] 1 ILRM 450 (31 July 2001)

Clarke v. Garda Commissioner [2001] IESC 201; [2002] 1 ILRM 450 (31 July 2001)

Interest is payable on costs from the date of the judgment awarding them, as per sections 26 and 27 of the Debtors (Ireland) Act 1840; the right to interest does not depend on whether the successful party has discharged the costs.

Citation
[2001] IESC 201
Parties
Plaintiffs: Members of An Garda Siochana; Defendants: Defendants (not named)
Jurisdiction
Ireland
Judgment Date
31 July 2001
Procedural Posture
Case Stated From Circuit Court / Supreme Court Determination of Legal Question
Outcome
Question answered in favour of plaintiffs; interest is payable from date of judgment.
Legal Topics
Interest on Costs, Taxation of Costs, Judgment Execution
Civil Procedure Costs Interest on Costs Taxation of Costs Judgment Execution

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Parties

Members of An Garda Siochana

Plaintiffs

Defendants (not named)

Defendants

Procedural Posture

Case Stated From Circuit Court / Supreme Court Determination of Legal Question

Legal Issues

  1. 1 Whether interest on costs is payable from the date of judgment or only from the date of taxation

Ratio Decidendi

Interest is payable on costs from the date of the judgment awarding them, as per sections 26 and 27 of the Debtors (Ireland) Act 1840; the right to interest does not depend on whether the successful party has discharged the costs.

Court Disposition

Question answered in favour of plaintiffs; interest is payable from date of judgment.

Orders

  • Interest is payable on costs from the date of the judgment which awards them.