Allied Irish Bank v Ennis (Approved) [2021] IESC 78 (01 December 2021)

The appellant is awarded two thirds of the costs of the appeal to the Supreme Court due to his partial success, but the costs of the High Court and Court of Appeal are to be costs in the cause, reflecting his failure to fully present his case at earlier stages.

Citation: [2021] IESC 78
Parties: Defendant/appellant: Rory Ennis; Plaintiff/respondent: Allied Irish Banks PLC
Jurisdiction: Ireland
Judgment Date: 01 December 2021
Procedural Posture: Civil Appeal / Ruling on Costs After Supreme Court Appeal
Outcome: appellant awarded two thirds of Supreme Court appeal costs; costs of High Court and Court of Appeal are costs in the cause
Legal Topics: Costs, Summary Judgment, Appeals, Remittal to Plenary Hearing

Civil Procedure Banking Law Costs Summary Judgment Appeals Remittal to Plenary Hearing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Rory Ennis

Defendant/appellant

Allied Irish Banks PLC

Plaintiff/respondent

Procedural Posture

Civil Appeal / Ruling on Costs After Supreme Court Appeal

Legal Issues

1 Whether the appellant is entitled to costs after succeeding in the Supreme Court appeal against summary judgment
2 How costs should be allocated when the appellant did not fully present his case at earlier stages

Ratio Decidendi

Court Disposition

appellant awarded two thirds of Supreme Court appeal costs; costs of High Court and Court of Appeal are costs in the cause

Orders

Appellant awarded two thirds of the costs of the appeal to the Supreme Court
Costs of the High Court and Court of Appeal to be costs in the cause