Eircom Ltd -v- Commission for Communications Regulation [2015] IEHC 51 (13 January 2015)

Eircom Ltd -v- Commission for Communications Regulation [2015] IEHC 51 (13 January 2015)

Where a notice party applies of its own motion to be joined for its own commercial interests, and the main parties settle the proceedings without reference to the notice party's costs, it is not just or fair to award the notice party its costs against one party to the settlement. The notice party must bear the risk that the proceedings may settle without provision for its costs.

Citation
[2015] IEHC 51
Parties
Appellant: Eircom Limited; Respondent: Commission for Communications Regulation; Notice Party: Vodafone Ireland Limited
Jurisdiction
Ireland
Judgment Date
13 January 2015
Procedural Posture
Appeal Under the European Communities (electronic Communications Networks and Services) (framework) Regulations 2011 and Communications Regulations Acts 2002 to 2011 / Post Settlement Costs Application
Outcome
Application for costs by notice party refused
Legal Topics
Costs, Notice Parties, Settlement, Universal Service Obligation, Judicial Review
Administrative Law Telecommunications Law Civil Procedure Costs Notice Parties Settlement Universal Service Obligation Judicial Review

Case Brief

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Parties

Eircom Limited

Appellant

Commission for Communications Regulation

Respondent

Vodafone Ireland Limited

Notice Party

Procedural Posture

Appeal Under the European Communities (electronic Communications Networks and Services) (framework) Regulations 2011 and Communications Regulations Acts 2002 to 2011 / Post Settlement Costs Application

Legal Issues

  1. 1 Whether a notice party (Vodafone) is entitled to its costs against the appellant (Eircom) following settlement between the main parties without reference to the notice party's costs.

Ratio Decidendi

Where a notice party applies of its own motion to be joined for its own commercial interests, and the main parties settle the proceedings without reference to the notice party's costs, it is not just or fair to award the notice party its costs against one party to the settlement. The notice party must bear the risk that the proceedings may settle without provision for its costs.

Court Disposition

Application for costs by notice party refused

Orders

  • Refusal of Vodafone Ireland Limited's application for costs against Eircom Limited