Shannon -v- O' Sullivan [2016] IECA 105 (13 April 2016)

Shannon -v- O' Sullivan [2016] IECA 105 (13 April 2016)

Defendant is entitled to costs of the appeals as costs follow the event and the Calderbank offers provided plaintiffs opportunity to avoid appeal costs. Plaintiffs' arguments regarding uncertainty and recalibration of damages are rejected. Costs of appeals to be set off against High Court costs awarded to plaintiffs.

Citation
[2016] IECA 105
Parties
Plaintiff/respondent: Anthony Shannon; Plaintiff/respondent: Rita Shannon; Defendant/applicant: Debbie O’Sullivan
Jurisdiction
Ireland
Judgment Date
13 April 2016
Procedural Posture
Personal Injuries Appeal / Costs Ruling Post Appeal
Outcome
Appeal allowed; costs of appeals awarded to defendant; costs to be set off against High Court costs awarded to plaintiffs.
Legal Topics
Costs, Calderbank Offers, Appeals, Damages
Civil Procedure Personal Injury Costs Calderbank Offers Appeals Damages

Case Brief

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Parties

Anthony Shannon

Plaintiff/respondent

Rita Shannon

Plaintiff/respondent

Debbie O’Sullivan

Defendant/applicant

Procedural Posture

Personal Injuries Appeal / Costs Ruling Post Appeal

Legal Issues

  1. 1 Entitlement to costs following successful appeal
  2. 2 Effect of Calderbank offers on costs
  3. 3 Discretion of court in awarding costs

Ratio Decidendi

Defendant is entitled to costs of the appeals as costs follow the event and the Calderbank offers provided plaintiffs opportunity to avoid appeal costs. Plaintiffs' arguments regarding uncertainty and recalibration of damages are rejected. Costs of appeals to be set off against High Court costs awarded to plaintiffs.

Court Disposition

Appeal allowed; costs of appeals awarded to defendant; costs to be set off against High Court costs awarded to plaintiffs.

Orders

  • Costs of appeals awarded to defendant
  • Costs to be set off against High Court costs awarded to plaintiffs