Egan & Anor v Egan & Anor (No. 2) (Approved) [2023] IEHC 434 (20 July 2023)

Egan & Anor v Egan & Anor (No. 2) (Approved) [2023] IEHC 434 (20 July 2023)

The plaintiffs were entirely successful in establishing ownership of the farm share, which was the sole substantive issue. The unsuccessful forgery allegation did not warrant a deduction in costs, as it was not pursued at trial and was reasonable in light of the unusual circumstances of the document. No declarations not sought in pleadings would be granted. Full costs awarded to plaintiffs.

Citation
[2023] IEHC 434
Parties
Plaintiff: Kieran Egan; Plaintiff: Michael Egan Junior; Defendant: Helen Egan; Defendant: Alan Egan
Jurisdiction
Ireland
Judgment Date
20 July 2023
Procedural Posture
Circuit Appeal / Costs Application Following Principal Judgment
Outcome
Plaintiffs awarded full costs.
Legal Topics
Costs, Ownership of Property, Forgery Allegations
Civil Procedure Costs Ownership of Property Forgery Allegations

Case Brief

Summary, issues, holding and outcome

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Parties

Kieran Egan

Plaintiff

Michael Egan Junior

Plaintiff

Helen Egan

Defendant

Alan Egan

Defendant

Procedural Posture

Circuit Appeal / Costs Application Following Principal Judgment

Legal Issues

  1. 1 Whether the plaintiffs are entitled to costs despite not succeeding on all pleaded grounds, specifically forgery
  2. 2 Whether defendants are entitled to declarations not sought in pleadings
  3. 3 Whether costs should be affected by unsuccessful fraud/forgery allegations

Ratio Decidendi

The plaintiffs were entirely successful in establishing ownership of the farm share, which was the sole substantive issue. The unsuccessful forgery allegation did not warrant a deduction in costs, as it was not pursued at trial and was reasonable in light of the unusual circumstances of the document. No declarations not sought in pleadings would be granted. Full costs awarded to plaintiffs.

Court Disposition

Plaintiffs awarded full costs.

Orders

  • Plaintiffs awarded their costs of the proceedings.