Promontoria (Oyster) DAC v Fox & Anor (Unapproved) [2024] IECA 82 (18 April 2024)

Promontoria (Oyster) DAC v Fox & Anor (Unapproved) [2024] IECA 82 (18 April 2024)

Promontoria, as the successful party on appeal, is entitled to its costs before the High Court and Court of Appeal, with costs to be adjudicated in default of agreement. Costs orders are restricted to one set of costs on a joint and several basis due to joint representation and a single legal issue. No costs for...

Source-derived case information.

Citation
[2024] IECA 82
Parties
Appellant: Promontoria; Respondent: Mr Fox; Respondent: Mr Lynn
Jurisdiction
Ireland
Judgment Date
18 April 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Costs
Outcome
Appeal allowed as to costs; costs awarded to Promontoria
Legal Topics
Costs, Appeal, Well Charging Order
Civil Procedure Costs Appeal Well Charging Order

Source-derived case record

Summary, issues, holding and outcome

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Parties

Promontoria

Appellant

Mr Fox

Respondent

Mr Lynn

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Costs

Legal Issues

  1. 1 Entitlement to costs following appeal outcome
  2. 2 Appropriate costs orders in well charging proceedings
  3. 3 Application of section 169 of the Legal Services Regulation Act 2015

Ratio Decidendi

Promontoria, as the successful party on appeal, is entitled to its costs before the High Court and Court of Appeal, with costs to be adjudicated in default of agreement. Costs orders are restricted to one set of costs on a joint and several basis due to joint representation and a single legal issue. No costs for remittal application or other outstanding High Court issues. Stay granted in Fox proceedings pending possible Supreme Court appeal.

Court Disposition

Appeal allowed as to costs; costs awarded to Promontoria

Orders

  • Promontoria awarded High Court costs in Fox application, adjudicated in default of agreement
  • Promontoria awarded High Court costs in Lynn application, adjudicated in default of agreement