Wright -v- Health Service Executive & anor [2013] IEHC 363 (19 July 2013)

Wright -v- Health Service Executive & anor [2013] IEHC 363 (19 July 2013)

Plaintiff is the overall winner and entitled to costs, but proceedings were complex and plaintiff failed on three discrete allegations, significantly increasing trial duration and costs. Plaintiff is awarded 65% of her costs to reflect partial success and unnecessary extension of proceedings.

Citation
[2013] IEHC 363
Parties
Plaintiff: Madeline Wright; Defendant: Health Service Executive; Defendant: Mater Misericordiae University Hospital Limited
Jurisdiction
Ireland
Judgment Date
19 July 2013
Procedural Posture
Clinical Negligence / Post Trial Costs Determination
Outcome
Plaintiff deemed overall winner; awarded 65% of her costs.
Legal Topics
Costs, Complex Litigation, Discretion of Trial Judge, Proportionate Costs, Expert Evidence
Medical Negligence Personal Injury Civil Procedure Costs Complex Litigation Discretion of Trial Judge Proportionate Costs Expert Evidence

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Parties

Madeline Wright

Plaintiff

Health Service Executive

Defendant

Mater Misericordiae University Hospital Limited

Defendant

Procedural Posture

Clinical Negligence / Post Trial Costs Determination

Legal Issues

  1. 1 Appropriate costs order in complex clinical negligence proceedings where plaintiff succeeded on only one aspect of claim
  2. 2 Whether costs should follow the event or be apportioned due to discrete unsuccessful allegations

Ratio Decidendi

Plaintiff is the overall winner and entitled to costs, but proceedings were complex and plaintiff failed on three discrete allegations, significantly increasing trial duration and costs. Plaintiff is awarded 65% of her costs to reflect partial success and unnecessary extension of proceedings.

Court Disposition

Plaintiff deemed overall winner; awarded 65% of her costs.

Orders

  • Plaintiff to recover 65% of her costs from defendants.
  • No costs awarded to defendants for discrete unsuccessful issues.