Independent News and Media (Costs Ruling) (Approved) [2021] IEHC 232 (12 April 2021)

Independent News and Media (Costs Ruling) (Approved) [2021] IEHC 232 (12 April 2021)

Mr. Pitt, as a notice party, is entitled to recover costs incurred up to and including the directions hearings and preparation of written submissions, but not the costs of representation at the eight-day substantive hearing, as his interest in the outcome of the revocation application was not sufficient to justify full costs. The application did not engage any right or entitlement peculiar to Mr. Pitt, and his participation at the substantive hearing was not reasonably incurred within the meaning of the LSRA 2015.

Citation
[2021] IEHC 232
Parties
Moving Party: Leslie Buckley; Respondent to the Application: Richard Fleck; Respondent to the Application: Sean Gillane; Notice Party: Robert Pitt
Jurisdiction
Ireland
Judgment Date
12 April 2021
Procedural Posture
Application Under Companies Act 2014, Section 748 / Costs Ruling Following Dismissal of Application to Revoke Appointment of Inspectors
Outcome
Notice party not entitled to costs of substantive hearing; entitled to costs up to and including directions hearings and written submissions.
Legal Topics
Costs, Notice Party Entitlement, Inspectorship, Revocation of Appointment, Legal Services Regulation Act 2015
Company Law Civil Procedure Costs Notice Party Entitlement Inspectorship Revocation of Appointment Legal Services Regulation Act 2015

Case Brief

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Parties

Leslie Buckley

Moving Party

Richard Fleck

Respondent to the Application

Sean Gillane

Respondent to the Application

Robert Pitt

Notice Party

Procedural Posture

Application Under Companies Act 2014, Section 748 / Costs Ruling Following Dismissal of Application to Revoke Appointment of Inspectors

Legal Issues

  1. 1 Whether a notice party (Mr. Pitt) is entitled to recover costs against the applicant (Mr. Buckley) following an unsuccessful application to revoke the appointment of court-appointed inspectors under section 748 of the Companies Act 2014.

Ratio Decidendi

Mr. Pitt, as a notice party, is entitled to recover costs incurred up to and including the directions hearings and preparation of written submissions, but not the costs of representation at the eight-day substantive hearing, as his interest in the outcome of the revocation application was not sufficient to justify full costs. The application did not engage any right or entitlement peculiar to Mr. Pitt, and his participation at the substantive hearing was not reasonably incurred within the meaning of the LSRA 2015.

Court Disposition

Notice party not entitled to costs of substantive hearing; entitled to costs up to and including directions hearings and written submissions.

Orders

  • Mr. Pitt is entitled to costs incurred up to and including the substantive hearing, including representation at directions hearings, preparation and filing of affidavits, reviewing and preparing written submissions; such costs to be adjudicated if not agreed.
  • Mr. Pitt is not entitled to costs of the eight-day substantive hearing (no brief fee, refreshers, or general instructions fee recoverable).