King & Ors -v- Aer Lingus PLC [2011] IEHC 183 (14 February 2011)

King & Ors -v- Aer Lingus PLC [2011] IEHC 183 (14 February 2011)

Barber proceedings were necessary due to defendant's stance after Supreme Court order; plaintiffs entitled to costs of Barber proceedings, costs of assessment in King and Byrne proceedings, but not duplicate costs for same work.

Citation
[2011] IEHC 183
Parties
Plaintiffs: William King and others; Plaintiffs: Gerard Byrne and others; Plaintiffs: Richard Barber and others; Defendant: Aer Lingus plc
Jurisdiction
Ireland
Judgment Date
14 February 2011
Procedural Posture
High Court Civil Proceedings / Post Settlement Costs Determination
Outcome
Plaintiffs entitled to costs as specified; defendant to pay costs as ordered.
Legal Topics
Costs, Remuneration, Settlement Agreements, Assessment of Damages, Personal Injuries
Employment Law Contract Law Civil Procedure Costs Remuneration Settlement Agreements Assessment of Damages Personal Injuries

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Parties

William King and others

Plaintiffs

Gerard Byrne and others

Plaintiffs

Richard Barber and others

Plaintiffs

Aer Lingus plc

Defendant

Procedural Posture

High Court Civil Proceedings / Post Settlement Costs Determination

Legal Issues

  1. 1 Entitlement to costs in multiple related proceedings
  2. 2 Necessity of separate proceedings for enforcement of remuneration rights
  3. 3 Assessment of damages and remuneration post-Supreme Court order

Ratio Decidendi

Barber proceedings were necessary due to defendant's stance after Supreme Court order; plaintiffs entitled to costs of Barber proceedings, costs of assessment in King and Byrne proceedings, but not duplicate costs for same work.

Court Disposition

Plaintiffs entitled to costs as specified; defendant to pay costs as ordered.

Orders

  • Defendant to pay plaintiffs’ costs of Barber proceedings, including motions of 20th November 2006, taxed in default of agreement.
  • Defendant to pay plaintiffs’ costs of remittal of King proceedings to High Court, including resolution of assessment of claims pursuant to Supreme Court order, excluding hearings covered by Barber proceedings costs.