In the matter of Permanent TSB Group Holdings Plc [2020] IECA 1 (21 January 2020)

In the matter of Permanent TSB Group Holdings Plc [2020] IECA 1 (21 January 2020)

The appellant failed to meet the objective test for recusal, so the trial judge was correct to refuse the application and to award costs to the respondent. However, the trial judge erred by measuring costs without hearing the parties, requiring the costs to be taxed and ascertained instead.

Citation
[2020] IECA 1
Parties
Applicant/respondent: Permanent TSB Group Holdings PLC; Defendant/appellant: Piotr Skoczylas
Jurisdiction
Ireland
Judgment Date
21 January 2020
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal refused except as to measurement of costs; order of High Court affirmed except for quantum of costs.
Legal Topics
Recusal of Judge, Objective Bias, Costs of Application, Measurement of Costs
Company Law Civil Procedure Recusal of Judge Objective Bias Costs of Application Measurement of Costs

Case Brief

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Parties

Permanent TSB Group Holdings PLC

Applicant/respondent

Piotr Skoczylas

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing to recuse himself for objective bias
  2. 2 Whether the trial judge erred in awarding costs of the recusal application to the respondent
  3. 3 Whether the trial judge erred in measuring the costs without hearing the parties

Ratio Decidendi

The appellant failed to meet the objective test for recusal, so the trial judge was correct to refuse the application and to award costs to the respondent. However, the trial judge erred by measuring costs without hearing the parties, requiring the costs to be taxed and ascertained instead.

Court Disposition

Appeal refused except as to measurement of costs; order of High Court affirmed except for quantum of costs.

Orders

  • Appellant to pay respondent's costs of the recusal application when taxed and ascertained.