Meehan v Shawcove Ltd & Ors (Unapproved) [2022] IECA 247 (03 November 2022)

Meehan v Shawcove Ltd & Ors (Unapproved) [2022] IECA 247 (03 November 2022)

Where the plaintiff made no counter-offer and the award exceeded all prior offers by the defendants, but the defendants' offer did not include costs, the fairest outcome is to make no order as to the costs of the appeal, following established appellate authority.

Citation
[2022] IECA 247
Parties
Plaintiff/respondent: Kevin Meehan; Defendant/appellant: Shawcove Limited; Defendant/appellant: Ellickson Engineering Limited; Defendant/appellant: Kilell Limited; Defendant/appellant: Otis Limited; Defendant/appellant: Otis Elevator Ireland Limited; Defendant/appellant: Daldoss Elevetronic SPA
Jurisdiction
Ireland
Judgment Date
03 November 2022
Procedural Posture
Appeal / Costs Ruling After Appeal Judgment
Outcome
no order as to costs
Legal Topics
Costs, Damages, Offers to Settle, Appeal Procedure
Civil Procedure Costs Damages Offers to Settle Appeal Procedure

Case Brief

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Parties

Kevin Meehan

Plaintiff/respondent

Shawcove Limited

Defendant/appellant

Ellickson Engineering Limited

Defendant/appellant

Kilell Limited

Defendant/appellant

Otis Limited

Defendant/appellant

Otis Elevator Ireland Limited

Defendant/appellant

Daldoss Elevetronic SPA

Defendant/appellant

Procedural Posture

Appeal / Costs Ruling After Appeal Judgment

Legal Issues

  1. 1 Which party is entitled to the costs of the appeal where the plaintiff's award exceeds all prior offers but no counter-offer was made by the plaintiff

Ratio Decidendi

Where the plaintiff made no counter-offer and the award exceeded all prior offers by the defendants, but the defendants' offer did not include costs, the fairest outcome is to make no order as to the costs of the appeal, following established appellate authority.

Court Disposition

no order as to costs

Orders

  • No order as to the costs of the appeal.