Ojewale v Kearns & Anor (Approved) [2021] IEHC 476 (07 July 2021)

Ojewale v Kearns & Anor (Approved) [2021] IEHC 476 (07 July 2021)

The interlocutory judgment on the Statute of Limitations is final as regards that issue, constituting an event for costs purposes; costs should follow the event and be awarded to the plaintiff, including a certificate for senior counsel due to complexity.

Citation
[2021] IEHC 476
Parties
Plaintiff/appellant: Tesleem Ojewale; Defendant/respondent: Caroline Kearns; Defendant/respondent: Frank Kearns
Jurisdiction
Ireland
Judgment Date
07 July 2021
Procedural Posture
Appeal / Costs Determination Following Interlocutory Judgment
Outcome
Costs awarded to plaintiff; certificate for senior counsel granted; stay imposed on costs order pending substantive proceedings
Legal Topics
Costs, Statute of Limitations, Interlocutory Applications
Civil Procedure Personal Injury Costs Statute of Limitations Interlocutory Applications

Case Brief

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Parties

Tesleem Ojewale

Plaintiff/appellant

Caroline Kearns

Defendant/respondent

Frank Kearns

Defendant/respondent

Procedural Posture

Appeal / Costs Determination Following Interlocutory Judgment

Legal Issues

  1. 1 Whether costs should follow the event in an interlocutory application
  2. 2 Whether the interlocutory judgment constitutes a final event for costs purposes
  3. 3 Whether a certificate for senior counsel should be granted

Ratio Decidendi

The interlocutory judgment on the Statute of Limitations is final as regards that issue, constituting an event for costs purposes; costs should follow the event and be awarded to the plaintiff, including a certificate for senior counsel due to complexity.

Court Disposition

Costs awarded to plaintiff; certificate for senior counsel granted; stay imposed on costs order pending substantive proceedings

Orders

  • Order for plaintiff’s costs of application and appeal in both Circuit Court and High Court
  • Certificate for senior counsel granted