Butler v Regan (As personal representative of late Brian Regan, Deceased) & Anor (Unapproved) [2024] IECA 64 (21 March 2024)

Butler v Regan (As personal representative of late Brian Regan, Deceased) & Anor (Unapproved) [2024] IECA 64 (21 March 2024)

Appellant entitled to 18/20 of High Court costs due to trial length correction; respondents entitled to costs of appeal as overwhelmingly successful; appellant's personal circumstances not relevant to costs award under statute.

Citation
[2024] IECA 64
Parties
Plaintiff/appellant: Gerard Butler; Defendant/respondent: Rodney Regan; Defendant/respondent: Leonard Regan
Jurisdiction
Ireland
Judgment Date
21 March 2024
Procedural Posture
Civil Appeal / Costs Ruling Post Appeal
Outcome
Appeal allowed in part; costs order varied.
Legal Topics
Costs Allocation, Appeal, Apportionment of Costs
Civil Procedure Costs Allocation Appeal Apportionment of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Gerard Butler

Plaintiff/appellant

Rodney Regan

Defendant/respondent

Leonard Regan

Defendant/respondent

Procedural Posture

Civil Appeal / Costs Ruling Post Appeal

Legal Issues

  1. 1 Proper allocation of High Court costs
  2. 2 Entitlement to costs of appeal
  3. 3 Consideration of personal circumstances in costs award

Ratio Decidendi

Appellant entitled to 18/20 of High Court costs due to trial length correction; respondents entitled to costs of appeal as overwhelmingly successful; appellant's personal circumstances not relevant to costs award under statute.

Court Disposition

Appeal allowed in part; costs order varied.

Orders

  • Appellant entitled to 18/20 of High Court costs.
  • Respondents entitled to costs of appeal.