Mangan v. Independent Newspapers (Ireland) Ltd [2003] IESC 5 (31 January 2003)

Mangan v. Independent Newspapers (Ireland) Ltd [2003] IESC 5 (31 January 2003)

The trial judge correctly exercised discretion in awarding the plaintiff Circuit Court scale costs for the entire retrial and the aborted trial, and in refusing to make an order under section 17(5), as the circumstances did not warrant limiting costs or making such an order. The appeal was dismissed.

Citation
[2003] IESC 5
Parties
Plaintiff/respondent: Joseph Mangan; Defendant/appellant: Independent Newspapers (Ireland) Ltd
Jurisdiction
Ireland
Judgment Date
31 January 2003
Procedural Posture
Appeal / Supreme Court Judgment on Appeal Against High Court Costs Order After Retrial
Outcome
Appeal dismissed
Legal Topics
Libel, Costs, Discretion of Trial Judge, Section 17 Courts Act 1981, Retrial, Aborted Trial Costs
Defamation Civil Procedure Libel Costs Discretion of Trial Judge Section 17 Courts Act 1981 Retrial Aborted Trial Costs

Case Brief

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Parties

Joseph Mangan

Plaintiff/respondent

Independent Newspapers (Ireland) Ltd

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal Against High Court Costs Order After Retrial

Legal Issues

  1. 1 Whether the trial judge erred in awarding the plaintiff Circuit Court scale costs for the entire retrial and the aborted trial
  2. 2 Whether the trial judge should have limited costs to a shorter duration reflecting a hypothetical Circuit Court trial
  3. 3 Whether an order should have been made under section 17(5) of the Courts Act 1981 for payment to the defendant

Ratio Decidendi

The trial judge correctly exercised discretion in awarding the plaintiff Circuit Court scale costs for the entire retrial and the aborted trial, and in refusing to make an order under section 17(5), as the circumstances did not warrant limiting costs or making such an order. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Plaintiff to recover Circuit Court scale costs for the entire retrial and the aborted trial, both with certificate for Senior Counsel
  • No order under section 17(5) of the Courts Act 1981