O'Daly v Bus Eireann - Irish Bus & Anor (Unapproved) [2023] IECA 282 (15 November 2023)

O'Daly v Bus Eireann - Irish Bus & Anor (Unapproved) [2023] IECA 282 (15 November 2023)

Defendants are entitled to costs of the appeal accrued after their late offer, as it exceeded the amount awarded, and the plaintiff's offer was ineffective.

Citation
[2023] IECA 282
Parties
Plaintiff/respondent: Gearoid O'Daly; Defendant/appellant: Bus Eireann - Irish Bus; Defendant/appellant: Declan Sheehan
Jurisdiction
Ireland
Judgment Date
15 November 2023
Procedural Posture
Personal Injuries Appeal / Costs Ruling Following Appeal Decision
Outcome
Defendants awarded costs of the appeal accrued after 22 December 2022.
Legal Topics
Costs Allocation, Quantum Appeals, Calderbank Offers
Personal Injury Civil Procedure Costs Allocation Quantum Appeals Calderbank Offers

Case Brief

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Parties

Gearoid O'Daly

Plaintiff/respondent

Bus Eireann - Irish Bus

Defendant/appellant

Declan Sheehan

Defendant/appellant

Procedural Posture

Personal Injuries Appeal / Costs Ruling Following Appeal Decision

Legal Issues

  1. 1 Proper allocation of costs in quantum appeals where High Court award is reduced
  2. 2 Effectiveness and timing of settlement offers on costs

Ratio Decidendi

Defendants are entitled to costs of the appeal accrued after their late offer, as it exceeded the amount awarded, and the plaintiff's offer was ineffective.

Court Disposition

Defendants awarded costs of the appeal accrued after 22 December 2022.

Orders

  • Defendants shall have such costs of the appeal as accrued subsequent to 22 December 2022, to be adjudicated in default of agreement.