PT (A Minor) suing by his parents and next friends LT and MT v Health Service Executive (Approved) [2026] IECA 44 (25 March 2026)

PT (A Minor) suing by his parents and next friends LT and MT v Health Service Executive (Approved) [2026] IECA 44 (25 March 2026)

It is possible to justly adjudicate costs now; since respondent was entirely successful, appellant must discharge respondent's costs for appeal and High Court application. Modular trial application does not warrant reservation of costs as in interlocutory injunction or summary judgment cases.

Citation
[2026] IECA 44
Parties
Plaintiffs/appellants: PT (A Minor) suing by his parents and next friends LT and MT; Defendant/respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
25 March 2026
Procedural Posture
Appeal / Ruling on Costs
Outcome
Costs to the respondent; order stayed pending determination of substantive proceedings.
Legal Topics
Costs, Modular Trial, Interlocutory Applications
Civil Procedure Costs Modular Trial Interlocutory Applications

Case Brief

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Parties

PT (A Minor) suing by his parents and next friends LT and MT

Plaintiffs/appellants

Health Service Executive

Defendant/respondent

Procedural Posture

Appeal / Ruling on Costs

Legal Issues

  1. 1 Whether costs of appeal and application should be determined now or reserved for trial judge
  2. 2 Appropriateness of costs order following modular trial application

Ratio Decidendi

It is possible to justly adjudicate costs now; since respondent was entirely successful, appellant must discharge respondent's costs for appeal and High Court application. Modular trial application does not warrant reservation of costs as in interlocutory injunction or summary judgment cases.

Court Disposition

Costs to the respondent; order stayed pending determination of substantive proceedings.

Orders

  • Appellant to discharge respondent's costs for appeal and High Court application.
  • Order for costs stayed pending determination of substantive proceedings.