Guerin v O'Doherty (Approved) [2026] IECA 74 (05 May 2026)

Plaintiff is entitled to costs of the appeal as he was entirely successful; no valid reason for a stay on costs pending further appeal or trial was advanced.

Citation: [2026] IECA 74
Parties: Plaintiff/respondent: James Guerin; Defendant/appellant: Gemma O'Doherty
Jurisdiction: Ireland
Judgment Date: 05 May 2026
Procedural Posture: Appeal / Post Judgment (costs Determination)
Outcome: No stay on order of costs; plaintiff awarded costs of the appeal to be adjudicated in default of agreement.
Legal Topics: Costs, Appeal, Stay of Costs, Dismissal of Proceedings

Civil Procedure Defamation Costs Appeal Stay of Costs Dismissal of Proceedings

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 1 Party arguments 2

Parties

James Guerin

Plaintiff/respondent

Gemma O'Doherty

Defendant/appellant

Procedural Posture

Appeal / Post Judgment (costs Determination)

Legal Issues

1 Whether the plaintiff is entitled to costs of the appeal
2 Whether a stay should be placed on the order for costs pending further appeal or trial

Ratio Decidendi

Plaintiff is entitled to costs of the appeal as he was entirely successful; no valid reason for a stay on costs pending further appeal or trial was advanced.

Court Disposition

No stay on order of costs; plaintiff awarded costs of the appeal to be adjudicated in default of agreement.

Orders

Plaintiff awarded costs of the appeal.
No stay on order for costs.