Commissions For Communications Regulations v Eircom Ltd (Approved) [2024] IEHC 106 (22 February 2024)

Commissions For Communications Regulations v Eircom Ltd (Approved) [2024] IEHC 106 (22 February 2024)

The court held that the default rule that costs follow the event applies to statutory applications by regulators, and that a prior agreement to share stenographer costs is displaced by a subsequent court order for costs in favour of one party, unless the agreement expressly provides otherwise. Eircom, having lost on the key issue, is liable for all of ComReg's legal costs, including the full stenographer costs.

Citation
[2024] IEHC 106
Parties
Applicant: Commissions for Communications Regulations; Respondent: Eircom Limited
Jurisdiction
Ireland
Judgment Date
22 February 2024
Procedural Posture
Application Under S.61(3) Communications Regulation Act 2002 (as Amended) / Post Judgment Orders and Costs Determination
Outcome
Application granted in terms of the Final Version of the Step Plan; costs awarded to ComReg against Eircom.
Legal Topics
Legal Professional Privilege, Costs, Court Procedure, Statutory Interpretation
Regulatory Law Civil Procedure Legal Professional Privilege Costs Court Procedure Statutory Interpretation

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Parties

Commissions for Communications Regulations

Applicant

Eircom Limited

Respondent

Procedural Posture

Application Under S.61(3) Communications Regulation Act 2002 (as Amended) / Post Judgment Orders and Costs Determination

Legal Issues

  1. 1 Whether a prior agreement to share stenographer costs 50:50 is displaced by a subsequent court order for costs against one party
  2. 2 Whether the default rule that costs follow the event applies to statutory applications by regulators
  3. 3 Whether the Step Plan for data review complies with the Principal Judgment

Ratio Decidendi

The court held that the default rule that costs follow the event applies to statutory applications by regulators, and that a prior agreement to share stenographer costs is displaced by a subsequent court order for costs in favour of one party, unless the agreement expressly provides otherwise. Eircom, having lost on the key issue, is liable for all of ComReg's legal costs, including the full stenographer costs.

Court Disposition

Application granted in terms of the Final Version of the Step Plan; costs awarded to ComReg against Eircom.

Orders

  • Step Plan adopted as per Final Version with minor modifications; Eircom's further amendments rejected.
  • Eircom to pay all of ComReg's legal costs, including 100% of stenographer costs.