Quinlan v Quinlan (Approved) [2025] IEHC 170 (12 March 2025)

Quinlan v Quinlan (Approved) [2025] IEHC 170 (12 March 2025)

It was appropriate to commence and maintain proceedings in the High Court up to the point when it became clear that medical evidence would not be available. However, after the defendant's differential costs warning letter and the inability to present medical evidence, the plaintiff should have considered remitting...

Source-derived case information.

Citation
[2025] IEHC 170
Parties
Plaintiff: Martina Quinlan; Defendant: Michael Quinlan
Jurisdiction
Ireland
Judgment Date
12 March 2025
Procedural Posture
Personal Injury Civil Action (assault, Battery, Trespass to Person) / Post Trial Costs Ruling Following Judgment on Liability and Quantum
Outcome
Plaintiff awarded Circuit Court scale costs with certificate for Senior Counsel; differential costs order made in favour of defendant for €1,476; no order for costs in respect of the costs hearing.
Legal Topics
Assault and Battery, Personal Injuries, Costs Orders, Jurisdiction, Differential Costs, Family Law Elements
Tort Law Civil Procedure Assault and Battery Personal Injuries Costs Orders Jurisdiction Differential Costs Family Law Elements

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Parties

Martina Quinlan

Plaintiff

Michael Quinlan

Defendant

Procedural Posture

Personal Injury Civil Action (assault, Battery, Trespass to Person) / Post Trial Costs Ruling Following Judgment on Liability and Quantum

Legal Issues

  1. 1 Whether a differential costs order should be made under s.17(5) of the Courts Act 1981 as amended
  2. 2 Whether it was appropriate to commence and maintain proceedings in the High Court
  3. 3 Whether a certificate for Senior Counsel should be awarded

Ratio Decidendi

It was appropriate to commence and maintain proceedings in the High Court up to the point when it became clear that medical evidence would not be available. However, after the defendant's differential costs warning letter and the inability to present medical evidence, the plaintiff should have considered remitting the case to the Circuit Court. The court therefore makes a modest differential costs order limited to the difference in trial attendance costs between the High Court and Circuit Court.

Court Disposition

Plaintiff awarded Circuit Court scale costs with certificate for Senior Counsel; differential costs order made in favour of defendant for €1,476; no order for costs in respect of the costs hearing.

Orders

  • Plaintiff awarded €25,000 general damages for pain and suffering.
  • Plaintiff awarded Circuit Court scale costs with certificate for Senior Counsel.