Smith v Cisco Systems Internetworking (Ireland) Ltd (Unapproved) [2023] IECA 238 (04 October 2023)

Smith v Cisco Systems Internetworking (Ireland) Ltd (Unapproved) [2023] IECA 238 (04 October 2023)

The respondent, having been entirely successful in the recusal application, is entitled to its costs in accordance with s. 169(1) LSRA and Order 99 RSC. None of the arguments advanced by the appellant, including compliance with confidentiality, alleged judicial conduct, or impecuniosity, justify a departure from the general rule that costs follow the event.

Citation
[2023] IECA 238
Parties
Appellant/plaintiff: Olumide Smith; Respondent/defendant: Cisco Systems Internetworking (Ireland) Limited
Jurisdiction
Ireland
Judgment Date
04 October 2023
Procedural Posture
Civil Appeal (costs Order) / Post Interlocutory Application (recusal)
Outcome
Costs awarded to respondent; execution stayed pending conclusion of appeal.
Legal Topics
Costs, Recusal of Judges, Interlocutory Applications, Judicial Conduct, Confidentiality, Impecuniosity
Employment Law Equality Law Civil Procedure Costs Recusal of Judges Interlocutory Applications Judicial Conduct Confidentiality +1 more

Case Brief

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Parties

Olumide Smith

Appellant/plaintiff

Cisco Systems Internetworking (Ireland) Limited

Respondent/defendant

Procedural Posture

Civil Appeal (costs Order) / Post Interlocutory Application (recusal)

Legal Issues

  1. 1 Proper allocation of costs following a failed recusal application in the Court of Appeal
  2. 2 Whether compliance with confidentiality obligations or impecuniosity justifies deviation from the general rule that costs follow the event

Ratio Decidendi

The respondent, having been entirely successful in the recusal application, is entitled to its costs in accordance with s. 169(1) LSRA and Order 99 RSC. None of the arguments advanced by the appellant, including compliance with confidentiality, alleged judicial conduct, or impecuniosity, justify a departure from the general rule that costs follow the event.

Court Disposition

Costs awarded to respondent; execution stayed pending conclusion of appeal.

Orders

  • Respondent is entitled to its costs of the interlocutory (recusal) application.
  • Execution of the costs order is stayed pending conclusion of the appeal before the Court of Appeal.