Ryanair v Bellew [2020] IEHC 26 (27 January 2020)

Ryanair v Bellew [2020] IEHC 26 (27 January 2020)

Although the defendant was the successful party and should have his costs, the defendant raised and lost two significant issues that materially increased the costs and length of the trial. Therefore, the order for costs is limited: the plaintiff must pay the defendant’s costs, excluding the costs of discovery and limited to two hearing days.

Citation
[2020] IEHC 26
Parties
Plaintiff: Ryanair DAC; Defendant: Peter Bellew
Jurisdiction
Ireland
Judgment Date
27 January 2020
Procedural Posture
Civil / Post Trial Costs Ruling
Outcome
Plaintiff's action dismissed; defendant awarded limited costs.
Legal Topics
Post Termination Restraint, Non Compete Clause, Costs of Litigation, Enforceability of Restrictive Covenants
Employment Law Contract Law Civil Procedure Post Termination Restraint Non Compete Clause Costs of Litigation Enforceability of Restrictive Covenants

Case Brief

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Parties

Ryanair DAC

Plaintiff

Peter Bellew

Defendant

Procedural Posture

Civil / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether the defendant should be awarded costs after successfully defending a claim for an injunction enforcing a non-compete clause
  2. 2 Whether the defendant's pursuit of additional issues on which he failed should affect the costs order

Ratio Decidendi

Although the defendant was the successful party and should have his costs, the defendant raised and lost two significant issues that materially increased the costs and length of the trial. Therefore, the order for costs is limited: the plaintiff must pay the defendant’s costs, excluding the costs of discovery and limited to two hearing days.

Court Disposition

Plaintiff's action dismissed; defendant awarded limited costs.

Orders

  • Plaintiff to pay defendant’s costs, excluding costs of discovery and limited to two hearing days.