Clare County Council v McDonagh & Anor (Approved) [2022] IESC 15 (14 March 2022)

Clare County Council v McDonagh & Anor (Approved) [2022] IESC 15 (14 March 2022)

Defendants/appellants raised important issues of principle and prevailed on appeal; they are entitled to their costs in the Supreme Court, with prior costs orders vacated and costs from interlocutory hearings reserved to the trial judge.

Citation
[2022] IESC 15
Parties
Plaintiff/respondent: Clare County Council; Defendant/appellant: Bernard McDonagh; Defendant/appellant: Helen McDonagh; Amicus Curiae: Irish Human Rights and Equality Commission
Jurisdiction
Ireland
Judgment Date
14 March 2022
Procedural Posture
Appeal / Ruling on Costs After Appeal
Outcome
Defendants/appellants awarded costs in Supreme Court; prior costs orders vacated; costs from interlocutory hearings reserved to trial judge.
Legal Topics
Costs, Interlocutory Injunctions, Appeals
Civil Procedure Costs Interlocutory Injunctions Appeals

Case Brief

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Parties

Clare County Council

Plaintiff/respondent

Bernard McDonagh

Defendant/appellant

Helen McDonagh

Defendant/appellant

Irish Human Rights and Equality Commission

Amicus Curiae

Procedural Posture

Appeal / Ruling on Costs After Appeal

Legal Issues

  1. 1 Entitlement to costs following successful appeal against interlocutory injunctions
  2. 2 Reservation of costs from prior proceedings pending trial

Ratio Decidendi

Defendants/appellants raised important issues of principle and prevailed on appeal; they are entitled to their costs in the Supreme Court, with prior costs orders vacated and costs from interlocutory hearings reserved to the trial judge.

Court Disposition

Defendants/appellants awarded costs in Supreme Court; prior costs orders vacated; costs from interlocutory hearings reserved to trial judge.

Orders

  • Defendants/appellants to have their costs in Supreme Court, taxed in default of agreement.
  • No stay on costs order.