Kadege v Dunnes Stores (Approved) [2023] IECA 69 (27 March 2023)

Kadege v Dunnes Stores (Approved) [2023] IECA 69 (27 March 2023)

Plaintiff was not entirely successful as damages were reduced; major issue was liability, but quantum was also contested. Plaintiff entitled to 80% of appeal costs to reflect partial success.

Citation
[2023] IECA 69
Parties
Respondent/plaintiff: Gunta Kadege; Appellant/defendant: Dunnes Stores
Jurisdiction
Ireland
Judgment Date
27 March 2023
Procedural Posture
Appeal / Costs Ruling
Outcome
Plaintiff entitled to 80% of costs of appeal; full costs of High Court hearing based on award of Court.
Legal Topics
Costs, Liability, Quantum of Damages
Civil Litigation Costs Liability Quantum of Damages

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 3
Sign in to unlock

Parties

Gunta Kadege

Respondent/plaintiff

Dunnes Stores

Appellant/defendant

Procedural Posture

Appeal / Costs Ruling

Legal Issues

  1. 1 Appropriate allocation of costs in appeal where damages reduced
  2. 2 Interpretation of 'entirely successful' under s.169 Legal Services Regulation Act 2015

Ratio Decidendi

Plaintiff was not entirely successful as damages were reduced; major issue was liability, but quantum was also contested. Plaintiff entitled to 80% of appeal costs to reflect partial success.

Court Disposition

Plaintiff entitled to 80% of costs of appeal; full costs of High Court hearing based on award of Court.

Orders

  • Plaintiff to receive 80% of appeal costs
  • Plaintiff to receive full costs of High Court hearing based on appellate award