Darcy v Allied Irish Bank Plc (Unapproved) [2022] IECA 284 (13 December 2022)

The appellant failed to establish any basis to depart from the normal rule that the successful party is entitled to costs; the respondent is awarded costs of the appeal.

Citation: [2022] IECA 284
Parties: Plaintiff/appellant: Tom Darcy; First Named Defendant: Allied Irish Banks Plc; Second Named Defendant/respondent: William Murray
Jurisdiction: Ireland
Judgment Date: 13 December 2022
Procedural Posture: Appeal / Costs Ruling After Dismissal of Appeal
Outcome: Respondent entitled to costs of appeal
Legal Topics: Costs, Delay, Appeal Dismissal

Civil Procedure Costs Delay Appeal Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Tom Darcy

Plaintiff/appellant

Allied Irish Banks Plc

First Named Defendant

William Murray

Second Named Defendant/respondent

Procedural Posture

Appeal / Costs Ruling After Dismissal of Appeal

Legal Issues

1 Whether the successful respondent is entitled to costs of the appeal after dismissal on grounds of delay
2 Whether the appellant's financial situation justifies a departure from the normal costs rule

Ratio Decidendi

The appellant failed to establish any basis to depart from the normal rule that the successful party is entitled to costs; the respondent is awarded costs of the appeal.

Court Disposition

Respondent entitled to costs of appeal

Orders

Respondent awarded costs of the appeal