Egan v Fenlon & Ors (Rev1) [2021] IEHC 626 (05 October 2021)

Egan v Fenlon & Ors (Rev1) [2021] IEHC 626 (05 October 2021)

The defendants were substantially successful on the central issue of the motion, namely that the plaintiff was not entitled to prosecute the action otherwise than as an action for damages for defamation. It was reasonable and necessary for the defendants to raise, pursue, and contest this issue, and the plaintiff's...

Source-derived case information.

Citation
[2021] IEHC 626
Parties
Plaintiff: William J. P. Egan; Defendant: Michael Fenlon; Defendant: Barry Sullivan; Defendant: Gerard Burns; Defendant: Ray Devine; Defendant: Shane O’Connor; Defendant: John Flannery; Defendant: Seamus Heraty; Defendant: Padraic Breen; Defendant: Margaret Neile; Defendant: Tom O’Donnell; Defendant: Seamus O’Brien; Defendant: Pat Donlon; Defendant: Paul Doran; Defendant: Dan Curley; Defendant: Paddy Flynn; Defendant: Joe O’Loughlin; Defendant: Des Furlong; Defendant: John Diver; Defendant: Carmel Magee; Defendant: Peter Crinnion; Defendant: Tom O’Shea; Defendant: Leonard Rasmussen; Defendant: Joe Synnott
Jurisdiction
Ireland
Judgment Date
05 October 2021
Procedural Posture
Civil / Post Interlocutory Motion for Costs
Outcome
Plaintiff ordered to pay defendants' costs of the motion; execution stayed pending determination of the action.
Legal Topics
Costs, Interlocutory Motions, Defamation, Correction Orders
Civil Procedure Defamation Costs Interlocutory Motions Correction Orders

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Parties

William J. P. Egan

Plaintiff

Michael Fenlon

Defendant

Barry Sullivan

Defendant

Gerard Burns

Defendant

Ray Devine

Defendant

Shane O’Connor

Defendant

John Flannery

Defendant

Seamus Heraty

Defendant

Padraic Breen

Defendant

Margaret Neile

Defendant

Tom O’Donnell

Defendant

Seamus O’Brien

Defendant

Pat Donlon

Defendant

Paul Doran

Defendant

Dan Curley

Defendant

Paddy Flynn

Defendant

Joe O’Loughlin

Defendant

Des Furlong

Defendant

John Diver

Defendant

Carmel Magee

Defendant

Peter Crinnion

Defendant

Tom O’Shea

Defendant

Leonard Rasmussen

Defendant

Joe Synnott

Defendant

Procedural Posture

Civil / Post Interlocutory Motion for Costs

Legal Issues

  1. 1 Who should bear the costs of the defendants' motion to strike out the proceedings
  2. 2 Whether the plaintiff was entitled to prosecute the action otherwise than as an action for damages for defamation

Ratio Decidendi

The defendants were substantially successful on the central issue of the motion, namely that the plaintiff was not entitled to prosecute the action otherwise than as an action for damages for defamation. It was reasonable and necessary for the defendants to raise, pursue, and contest this issue, and the plaintiff's conduct added to the costs. Therefore, the plaintiff should pay the defendants' costs of the motion.

Court Disposition

Plaintiff ordered to pay defendants' costs of the motion; execution stayed pending determination of the action.

Orders

  • Plaintiff not entitled to prosecute the action otherwise than as an action for damages for defamation.
  • Plaintiff to pay defendants' costs of the motion; execution stayed pending determination of the action.