Scully v Coucal Ltd (Unapproved) [2024] IECA 146 (17 June 2024)

Raising the rule of law issue was reasonable and not grounds for reduction of costs; appellant is entitled to full costs for both appeal and High Court proceedings as success on the assignment issue was sufficient and the court did not find it necessary to address the rule of law issue.

Citation: [2024] IECA 146
Parties: Appellant: Michael Scully; Respondent: Coucal Ltd.
Jurisdiction: Ireland
Judgment Date: 17 June 2024
Procedural Posture: Appeal / Costs Ruling
Outcome: costs awarded to appellant
Legal Topics: Recognition and Enforcement of Foreign Judgments, Public Policy, Assignment of Causes of Action, Maintenance and Champerty, Costs

Civil Procedure International Law Recognition and Enforcement of Foreign Judgments Public Policy Assignment of Causes of Action Maintenance and Champerty Costs

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2

Parties

Michael Scully

Appellant

Coucal Ltd.

Respondent

Procedural Posture

Appeal / Costs Ruling

Legal Issues

1 whether appellant is entitled to full costs after success on assignment issue
2 whether raising the rule of law issue was reasonable
3 apportionment of costs when multiple grounds are raised

Ratio Decidendi

Court Disposition

costs awarded to appellant

Orders

Costs order in favour of appellant against respondent for appeal, to be adjudicated in default of agreement.
Costs order in favour of appellant against respondent for High Court motion, to be adjudicated in default of agreement.