Sweeney v Atlantic Troy Ltd (Unapproved) [2024] IECA 5 (15 January 2024)

Sweeney v Atlantic Troy Ltd (Unapproved) [2024] IECA 5 (15 January 2024)

The appellant's offers did not displace the respondent's entitlement to costs because the initial offer was privileged and inadmissible, and the later written offer was too late and did not include the costs of the appeal, rendering it ineffective.

Citation
[2024] IECA 5
Parties
Plaintiff/respondent: Patricia Sweeney; Defendant/appellant: Atlantic Troy Limited
Jurisdiction
Ireland
Judgment Date
15 January 2024
Procedural Posture
Appeal (costs Ruling) / Post Judgment Costs Determination
Outcome
Respondent entitled to costs of the appeal, including costs of written submissions on costs application.
Legal Topics
Costs, Offers to Settle, Appeal Procedure
Civil Procedure Costs Offers to Settle Appeal Procedure

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 2 Party arguments 2
Sign in to unlock

Parties

Patricia Sweeney

Plaintiff/respondent

Atlantic Troy Limited

Defendant/appellant

Procedural Posture

Appeal (costs Ruling) / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the appellant's offers to settle affected the allocation of costs on appeal
  2. 2 Whether the respondent is entitled to costs of the appeal

Ratio Decidendi

The appellant's offers did not displace the respondent's entitlement to costs because the initial offer was privileged and inadmissible, and the later written offer was too late and did not include the costs of the appeal, rendering it ineffective.

Court Disposition

Respondent entitled to costs of the appeal, including costs of written submissions on costs application.

Orders

  • Respondent awarded costs of the appeal.
  • Respondent awarded costs of written submissions on costs application.