Michael Heffernan v Hibernia College UnLtd Company (Unapproved) [2020] IECA 169 (22 June 2020)

Michael Heffernan v Hibernia College UnLtd Company (Unapproved) [2020] IECA 169 (22 June 2020)

The appellant obtained relief on appeal that he would not have secured otherwise, entitling him to some costs. However, his success was only partial, and he failed on significant aspects of the appeal. Applying a broad brush approach, the Court awarded the appellant two thirds of the costs of the appeal to reflect his partial success and the necessity of the appeal due to the respondent's stance, with a deduction for the issues on which he failed.

Citation
[2020] IECA 169
Parties
Appellant/plaintiff: Michael Heffernan; Respondent/defendant: Hibernia College Unlimited Company
Jurisdiction
Ireland
Judgment Date
22 June 2020
Procedural Posture
Civil Appeal / Post Judgment Costs Ruling
Outcome
appellant awarded two thirds of the costs of the appeal
Legal Topics
Costs of Appeal, Injunctions, Discretion in Awarding Costs
Civil Procedure Costs of Appeal Injunctions Discretion in Awarding Costs

Case Brief

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Parties

Michael Heffernan

Appellant/plaintiff

Hibernia College Unlimited Company

Respondent/defendant

Procedural Posture

Civil Appeal / Post Judgment Costs Ruling

Legal Issues

  1. 1 Whether the appellant is entitled to the costs of the appeal after partial success
  2. 2 How costs should be apportioned when the appellant succeeds on some but not all grounds

Ratio Decidendi

The appellant obtained relief on appeal that he would not have secured otherwise, entitling him to some costs. However, his success was only partial, and he failed on significant aspects of the appeal. Applying a broad brush approach, the Court awarded the appellant two thirds of the costs of the appeal to reflect his partial success and the necessity of the appeal due to the respondent's stance, with a deduction for the issues on which he failed.

Court Disposition

appellant awarded two thirds of the costs of the appeal

Orders

  • Appellant to recover two thirds of the costs of the appeal, including the application for costs