Quinn Insurance Ltd (Under Administration) v Pricewaterhousecoopers (Unapproved) [2021] IESC 39 (25 June 2021)

Quinn Insurance Ltd (Under Administration) v Pricewaterhousecoopers (Unapproved) [2021] IESC 39 (25 June 2021)

The Supreme Court held that the order for costs of the appeal should be stayed until the proceedings are complete, consistent with the approach taken in the lower courts. The Court further held that the substantive proceedings should not be stayed pending the provision of full security for costs, provided that QIL lodges €5 million as interim security within seven days. This approach balances the interests of both parties and incentivizes expedition in determining the final amount of security. The matter will be reviewed by the case management judge if security is not in place by the end of the year.

Citation
[2021] IESC 39
Parties
Applicant/appellant: Quinn Insurance Limited (Under Administration); Defendant/respondent: PricewaterhouseCoopers (A Firm)
Jurisdiction
Ireland
Judgment Date
25 June 2021
Procedural Posture
Appeal / Post Judgment Ruling on Costs and Stay Pending Security for Costs
Outcome
Costs of the appeal awarded to PwC with a stay until proceedings are complete; substantive proceedings not stayed provided QIL lodges €5 million interim security within seven days; regime for review by case management judge if security not in place by year-end.
Legal Topics
Security for Costs, Stay of Proceedings, Costs Orders, Case Management
Civil Procedure Security for Costs Stay of Proceedings Costs Orders Case Management

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Parties

Quinn Insurance Limited (Under Administration)

Applicant/appellant

PricewaterhouseCoopers (A Firm)

Defendant/respondent

Procedural Posture

Appeal / Post Judgment Ruling on Costs and Stay Pending Security for Costs

Legal Issues

  1. 1 Whether a stay should be placed on the order for costs of the Supreme Court appeal until proceedings are complete
  2. 2 Whether the High Court proceedings should be stayed until security for costs is provided

Ratio Decidendi

The Supreme Court held that the order for costs of the appeal should be stayed until the proceedings are complete, consistent with the approach taken in the lower courts. The Court further held that the substantive proceedings should not be stayed pending the provision of full security for costs, provided that QIL lodges €5 million as interim security within seven days. This approach balances the interests of both parties and incentivizes expedition in determining the final amount of security. The matter will be reviewed by the case management judge if security is not in place by the end of the year.

Court Disposition

Costs of the appeal awarded to PwC with a stay until proceedings are complete; substantive proceedings not stayed provided QIL lodges €5 million interim security within seven days; regime for review by case management judge if security not in place by year-end.

Orders

  • Costs of the appeal to PwC, stay on enforcement until proceedings complete
  • QIL to lodge €5 million as interim security within seven days to avoid stay of proceedings