Coughlan & Ors -v- Stokes & Anor [2009] IEHC 629 (20 April 2009)

Coughlan & Ors -v- Stokes & Anor [2009] IEHC 629 (20 April 2009)

Leave to make payment into court was granted because the lodgment procedure's rationale is to facilitate settlement and reduce costs, and no prejudice or disadvantage to plaintiffs arises from allowing lodgment at this stage; fairness does not require defendants to pay all plaintiffs' costs to date as a condition.

Citation
[2009] IEHC 629
Parties
Plaintiff: Brian Coughlan; Plaintiff: Coates Entertainment Limited trading as City Limits Comedy and Night Club and Sky Bar; Defendant: Amanda Stokes; Defendant: Michael Whelton; Defendant: Con O'Leary; Defendant: Elaine O'Leary; Defendant: John Donegan
Jurisdiction
Ireland
Judgment Date
20 April 2009
Procedural Posture
Civil Damages / Interlocutory Application for Leave to Make Payment Into Court
Outcome
application granted
Legal Topics
Lodgment Procedure, Costs, Negligence, Rylands V. Fletcher Liability
Civil Procedure Tort Lodgment Procedure Costs Negligence Rylands V. Fletcher Liability

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Parties

Brian Coughlan

Plaintiff

Coates Entertainment Limited trading as City Limits Comedy and Night Club and Sky Bar

Plaintiff

Amanda Stokes

Defendant

Michael Whelton

Defendant

Con O'Leary

Defendant

Elaine O'Leary

Defendant

John Donegan

Defendant

Procedural Posture

Civil Damages / Interlocutory Application for Leave to Make Payment Into Court

Legal Issues

  1. 1 Whether defendants should be granted leave to make a payment into court in satisfaction of plaintiffs' claim at a late stage
  2. 2 Whether such leave should be conditional on payment of plaintiffs' costs to date

Ratio Decidendi

Leave to make payment into court was granted because the lodgment procedure's rationale is to facilitate settlement and reduce costs, and no prejudice or disadvantage to plaintiffs arises from allowing lodgment at this stage; fairness does not require defendants to pay all plaintiffs' costs to date as a condition.

Court Disposition

application granted

Orders

  • Defendants granted leave to make payment into court in satisfaction of plaintiffs' claim.
  • Court to hear further submissions on time limit for lodgment and delivery of amended defence; amendment allowed only as necessary to comply with Order 22, rule 7.