Mongans & Ors v Clare County Council (Approved) [2020] IECA 317 (20 November 2020)

Mongans & Ors v Clare County Council (Approved) [2020] IECA 317 (20 November 2020)

The court found no merit in the respondents' submissions to depart from the normal rule on costs, reaffirming that the appellant, having been entirely successful, is entitled to its costs of the appeal and cross-appeal, including costs of written submissions on costs.

Citation
[2020] IECA 317
Parties
Applicant/respondent: David Mongans; Applicant/respondent: Margaret Lisa Mongans; Applicant/respondent: Margaret Lisa Mongans as mother and next friend of David Mongans (a minor), Michael James Mongans (a minor) and Martin Mongans (a minor); Respondent/appellant: Clare County Council
Jurisdiction
Ireland
Judgment Date
20 November 2020
Procedural Posture
Costs Ruling / Post Appeal
Outcome
Costs of appeal and cross-appeal awarded to appellant
Legal Topics
Costs, Mootness, Appeals
Civil Procedure Costs Mootness Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

David Mongans

Applicant/respondent

Margaret Lisa Mongans

Applicant/respondent

Margaret Lisa Mongans as mother and next friend of David Mongans (a minor), Michael James Mongans (a minor) and Martin Mongans (a minor)

Applicant/respondent

Clare County Council

Respondent/appellant

Procedural Posture

Costs Ruling / Post Appeal

Legal Issues

  1. 1 Whether the respondents secured an advantage by continuing proceedings beyond March 2017 justifying a different costs order
  2. 2 Whether the normal rule on costs should be departed from in light of the respondents' submissions

Ratio Decidendi

The court found no merit in the respondents' submissions to depart from the normal rule on costs, reaffirming that the appellant, having been entirely successful, is entitled to its costs of the appeal and cross-appeal, including costs of written submissions on costs.

Court Disposition

Costs of appeal and cross-appeal awarded to appellant

Orders

  • Appellant awarded costs of the appeal and cross-appeal, including costs of written submissions on costs