Ulster Bank & ors v McDonagh & ors (Unapproved) [2022] IECA 121 (26 May 2022)

Ulster Bank & ors v McDonagh & ors (Unapproved) [2022] IECA 121 (26 May 2022)

No plausible basis was identified to depart from the general rule that the unsuccessful party bears the costs; the appellants were entirely unsuccessful and their arguments did not justify any exception.

Citation
[2022] IECA 121
Parties
Plaintiff/respondent: Ulster Bank Ireland Limited; Plaintiff/respondent: Paul McCann; Plaintiff/respondent: Patrick Dillon; Defendant/appellant: Brian McDonagh; Defendant/appellant: Kenneth McDonagh; Defendant/appellant: Maurice McDonagh
Jurisdiction
Ireland
Judgment Date
26 May 2022
Procedural Posture
Civil Appeal / Costs Ruling After Appeal Judgment
Outcome
Costs awarded to the respondents
Legal Topics
Costs, Appeals, Statutory Interpretation
Civil Procedure Costs Appeals Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Ulster Bank Ireland Limited

Plaintiff/respondent

Paul McCann

Plaintiff/respondent

Patrick Dillon

Plaintiff/respondent

Brian McDonagh

Defendant/appellant

Kenneth McDonagh

Defendant/appellant

Maurice McDonagh

Defendant/appellant

Procedural Posture

Civil Appeal / Costs Ruling After Appeal Judgment

Legal Issues

  1. 1 Whether the unsuccessful appellants should bear the respondents’ costs of the proceedings in the Court of Appeal and the High Court
  2. 2 Whether any grounds exist to depart from the general rule on costs

Ratio Decidendi

No plausible basis was identified to depart from the general rule that the unsuccessful party bears the costs; the appellants were entirely unsuccessful and their arguments did not justify any exception.

Court Disposition

Costs awarded to the respondents

Orders

  • Defendants/appellants to pay the respondents’ costs of the proceedings in the Court of Appeal and the High Court