Gilheaney v McGovern & Anor [2009] NIQB 46 (13 May 2009)

Gilheaney v McGovern & Anor [2009] NIQB 46 (13 May 2009)

The normal order for costs applies: plaintiff/appellant is awarded County Court scale costs below based on the increased High Court award, and costs on appeal in the High Court are to be taxed in default of agreement; Senior Counsel's costs are not recoverable in this appeal.

Citation
[2009] NIQB 46
Parties
Plaintiff/appellant: Christopher Gilheaney; Defendant/respondent: Adrian McGovern; Defendant/respondent: Edward McGovern
Jurisdiction
Northern Ireland
Judgment Date
13 May 2009
Procedural Posture
County Court Appeal to High Court / Costs Determination Following Judgment on Appeal
Outcome
Plaintiff/appellant awarded County Court scale costs below for £4,347.50 and taxed costs on appeal in High Court; Senior Counsel's costs not recoverable.
Legal Topics
Appeals From County Court, Costs Orders, Credit Hire Claims
Civil Procedure Costs Appeals From County Court Costs Orders Credit Hire Claims

Case Brief

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Parties

Christopher Gilheaney

Plaintiff/appellant

Adrian McGovern

Defendant/respondent

Edward McGovern

Defendant/respondent

Procedural Posture

County Court Appeal to High Court / Costs Determination Following Judgment on Appeal

Legal Issues

  1. 1 Appropriate scale and quantum of costs on appeal from County Court to High Court
  2. 2 Whether costs in High Court should be on County Court scale or taxed
  3. 3 Treatment of Senior Counsel's costs in appeals involving modest sums

Ratio Decidendi

The normal order for costs applies: plaintiff/appellant is awarded County Court scale costs below based on the increased High Court award, and costs on appeal in the High Court are to be taxed in default of agreement; Senior Counsel's costs are not recoverable in this appeal.

Court Disposition

Plaintiff/appellant awarded County Court scale costs below for £4,347.50 and taxed costs on appeal in High Court; Senior Counsel's costs not recoverable.

Orders

  • Plaintiff/appellant to have costs below on County Court scale for an award of £4,347.50.
  • Plaintiff/appellant to have costs on the appeal in the High Court to be taxed in default of agreement.