Coughlan v The Minister for Defence & Ors (Unapproved) [2020] IECA 185 (10 July 2020)

Coughlan v The Minister for Defence & Ors (Unapproved) [2020] IECA 185 (10 July 2020)

Appellant is entitled to costs in both the Court of Appeal and High Court because the High Court's reliance on hearsay evidence was erroneous and the appellant's objection was well-founded.

Citation
[2020] IECA 185
Parties
Plaintiff/appellant: Ian Coughlan; Defendants/respondents: The Minister for Defence, Ireland and The Attorney General
Jurisdiction
Ireland
Judgment Date
10 July 2020
Procedural Posture
Appeal / Costs Ruling
Outcome
Costs awarded to appellant, subject to stay until final determination.
Legal Topics
Costs, Appeal, Hearsay Evidence
Civil Procedure Costs Appeal Hearsay Evidence

Case Brief

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Parties

Ian Coughlan

Plaintiff/appellant

The Minister for Defence, Ireland and The Attorney General

Defendants/respondents

Procedural Posture

Appeal / Costs Ruling

Legal Issues

  1. 1 Entitlement to costs of appeal and High Court hearing
  2. 2 Appropriateness of reserving costs to High Court

Ratio Decidendi

Appellant is entitled to costs in both the Court of Appeal and High Court because the High Court's reliance on hearsay evidence was erroneous and the appellant's objection was well-founded.

Court Disposition

Costs awarded to appellant, subject to stay until final determination.

Orders

  • Appellant to have costs in Court of Appeal and High Court, subject to stay until final determination of proceedings