Collins v Parm & Ors (Unapproved) [2024] IECA 189 (18 July 2024)

Collins v Parm & Ors (Unapproved) [2024] IECA 189 (18 July 2024)

No order as to costs of the appeal due to both parties' failure to assist the High Court on the Guidelines, and the necessity for the appeal arising from that failure; no differential costs order as it was reasonable to commence in the High Court given the quantum before contributory negligence; plaintiff entitled to High Court costs on the Circuit Court scale.

Citation
[2024] IECA 189
Parties
Plaintiff/respondent: Courtney Collins; Defendant/appellant: Steffan Parm; Defendant/appellant: Anneli Parm; Defendant/appellant: Toomas Parm
Jurisdiction
Ireland
Judgment Date
18 July 2024
Procedural Posture
Personal Injury Appeal / Costs Ruling After Appeal Judgment
Outcome
No order as to costs of the appeal; no differential costs order; plaintiff entitled to High Court costs on Circuit Court scale.
Legal Topics
Costs, Personal Injuries Guidelines, Contributory Negligence, Differential Costs Order
Civil Procedure Personal Injury Costs Personal Injuries Guidelines Contributory Negligence Differential Costs Order

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Parties

Courtney Collins

Plaintiff/respondent

Steffan Parm

Defendant/appellant

Anneli Parm

Defendant/appellant

Toomas Parm

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Costs Ruling After Appeal Judgment

Legal Issues

  1. 1 Entitlement to costs of appeal after reduction of damages on appeal
  2. 2 Whether to grant a differential costs order under s. 17(5)(a) of the Courts Act, 1981
  3. 3 Appropriate scale of costs given damages within Circuit Court jurisdiction

Ratio Decidendi

No order as to costs of the appeal due to both parties' failure to assist the High Court on the Guidelines, and the necessity for the appeal arising from that failure; no differential costs order as it was reasonable to commence in the High Court given the quantum before contributory negligence; plaintiff entitled to High Court costs on the Circuit Court scale.

Court Disposition

No order as to costs of the appeal; no differential costs order; plaintiff entitled to High Court costs on Circuit Court scale.

Orders

  • No order as to costs of the appeal.
  • No order pursuant to s. 17(5) Courts Act, 1981 (differential costs order) granted.