Browne -v- Van Geene & anor [2018] IEHC 24 (24 January 2018)

Browne -v- Van Geene & anor [2018] IEHC 24 (24 January 2018)

The general rule is that where a plaintiff fails to beat a lodgement, the plaintiff is entitled to costs up to the date of lodgement and the defendant is entitled to costs thereafter, unless special cause is shown. In this case, the court found no special cause to depart from the rule: the defendants' failure to mediate was justified by illness, the increased lodgement did not alter the costs position absent specific order, and the plaintiff was not entitled to additional costs for issues such as causation or resisting the section 26 application. The defendants are entitled to their costs from the date of the initial lodgement.

Citation
[2018] IEHC 24
Parties
Plaintiff: Margaret Browne; First Defendant: Peter Van Geene; Second Defendant: Mount Carmel Medical Group (Kilkenny) Limited t/a Aut Even Hospital
Jurisdiction
Ireland
Judgment Date
24 January 2018
Procedural Posture
Personal Injuries Medical Negligence / Post Trial Application for Costs Following Assessment of Damages
Outcome
Defendants awarded costs from date of initial lodgement; plaintiff awarded costs up to date of lodgement.
Legal Topics
Costs, Lodgement, Assessment of Damages, Mediation, Causation, Section 26 Civil Liability and Courts Act 2004
Civil Procedure Medical Negligence Personal Injury Costs Lodgement Assessment of Damages Mediation Causation +1 more

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Parties

Margaret Browne

Plaintiff

Peter Van Geene

First Defendant

Mount Carmel Medical Group (Kilkenny) Limited t/a Aut Even Hospital

Second Defendant

Procedural Posture

Personal Injuries Medical Negligence / Post Trial Application for Costs Following Assessment of Damages

Legal Issues

  1. 1 Whether the plaintiff is entitled to costs after failing to beat the defendants' lodgement
  2. 2 Whether the defendants' conduct regarding mediation affects entitlement to costs
  3. 3 Whether the plaintiff is entitled to costs on specific issues post-lodgement

Ratio Decidendi

The general rule is that where a plaintiff fails to beat a lodgement, the plaintiff is entitled to costs up to the date of lodgement and the defendant is entitled to costs thereafter, unless special cause is shown. In this case, the court found no special cause to depart from the rule: the defendants' failure to mediate was justified by illness, the increased lodgement did not alter the costs position absent specific order, and the plaintiff was not entitled to additional costs for issues such as causation or resisting the section 26 application. The defendants are entitled to their costs from the date of the initial lodgement.

Court Disposition

Defendants awarded costs from date of initial lodgement; plaintiff awarded costs up to date of lodgement.

Orders

  • Plaintiff to recover costs up to 27 September 2016 (date of initial lodgement).
  • Defendants to recover costs from 27 September 2016 onwards.