Crotty v SAS, AB, and Swedavia AB (Approved) [2021] IEHC 721 (18 November 2021)

Crotty v SAS, AB, and Swedavia AB (Approved) [2021] IEHC 721 (18 November 2021)

The second defendant is entitled to its costs as it was never properly sued in this jurisdiction and succeeded in its application to be struck out. There is no basis to depart from the normal rule that costs follow the event. The issue of recoupment of these costs from the first defendant is reserved to trial, as the first defendant was not a party to the motion and did not act adversely to the plaintiff.

Citation
[2021] IEHC 721
Parties
Plaintiff: Caroline Crotty; First Defendant: SAS, AB; Second Defendant: Swedavia AB
Jurisdiction
Ireland
Judgment Date
18 November 2021
Procedural Posture
Personal Injury / Ruling on Costs After Interlocutory Application
Outcome
Order for costs in favour of the second defendant against the plaintiff; issue of recoupment reserved to trial; no stay granted; no order as to costs for the first defendant.
Legal Topics
Costs, Jurisdiction, O’byrne Letter, Recoupment of Costs
Civil Procedure Personal Injury Costs Jurisdiction O’byrne Letter Recoupment of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Caroline Crotty

Plaintiff

SAS, AB

First Defendant

Swedavia AB

Second Defendant

Procedural Posture

Personal Injury / Ruling on Costs After Interlocutory Application

Legal Issues

  1. 1 Whether the second defendant is entitled to costs after being struck out for want of jurisdiction
  2. 2 Whether the plaintiff can recoup costs paid to the second defendant from the first defendant under s.78 of the Courts of Justice Act 1936
  3. 3 Whether a stay should be granted on the order for costs against the plaintiff

Ratio Decidendi

The second defendant is entitled to its costs as it was never properly sued in this jurisdiction and succeeded in its application to be struck out. There is no basis to depart from the normal rule that costs follow the event. The issue of recoupment of these costs from the first defendant is reserved to trial, as the first defendant was not a party to the motion and did not act adversely to the plaintiff.

Court Disposition

Order for costs in favour of the second defendant against the plaintiff; issue of recoupment reserved to trial; no stay granted; no order as to costs for the first defendant.

Orders

  • Plaintiff to pay the second defendant the costs of the motion.
  • No stay on the order for costs against the plaintiff.