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 on costs is payable from the date of the judgment awarding them, not from the date of taxation, as costs are a liability from the date of judgment and the statutory provisions support this interpretation.

Citation
[2002] 1 ILRM 450
Parties
Plaintiffs: Members of An Garda Siochana; Defendants: Defendants (not named)
Jurisdiction
Ireland
Judgment Date
31 July 2001
Procedural Posture
Case Stated From the Circuit Court / Supreme Court Determination of a Question of Law
Outcome
Interest is payable on costs from the date of the judgment which awards them.
Legal Topics
Interest on Costs, Taxation of Costs, Judgment Debt
Civil Procedure Costs Interest on Costs Taxation of Costs Judgment Debt

Case Brief

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Parties

Members of An Garda Siochana

Plaintiffs

Defendants (not named)

Defendants

Procedural Posture

Case Stated From the Circuit Court / Supreme Court Determination of a Question of Law

Legal Issues

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

Ratio Decidendi

Interest on costs is payable from the date of the judgment awarding them, not from the date of taxation, as costs are a liability from the date of judgment and the statutory provisions support this interpretation.

Court Disposition

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

Orders

  • Question in the Case Stated answered in the affirmative.