Falls v Lidl Northern Ireland Ltd (Rev1) [2023] NIKB 115 (08 November 2023)

Falls v Lidl Northern Ireland Ltd (Rev1) [2023] NIKB 115 (08 November 2023)

Where a contentious business agreement exists, the county court may certify solicitor’s costs at less than the scale fee and may order taxation of costs under Order 55 rule 5A, as the Rules provide an alternative means for determining party and party costs in such circumstances.

Citation
[2023] NIKB 115
Parties
Plaintiff/appellant: Christina Falls; Defendant/respondent: Lidl Northern Ireland Limited
Jurisdiction
Northern Ireland
Judgment Date
08 November 2023
Procedural Posture
Appeal From County Court / Judgment on Appeal
Outcome
Appeal dismissed; District Judge’s decision affirmed except as to Article 71F, which is inapplicable.
Legal Topics
Contentious Business Agreements, Taxation of Costs, County Court Scale Fees
Civil Procedure Costs Contentious Business Agreements Taxation of Costs County Court Scale Fees

Case Brief

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Parties

Christina Falls

Plaintiff/appellant

Lidl Northern Ireland Limited

Defendant/respondent

Procedural Posture

Appeal From County Court / Judgment on Appeal

Legal Issues

  1. 1 Whether county court can certify solicitor’s costs at less than scale fee where a contentious business agreement exists
  2. 2 Whether party and party costs can be taxed under Order 55 rule 5A in such circumstances

Ratio Decidendi

Where a contentious business agreement exists, the county court may certify solicitor’s costs at less than the scale fee and may order taxation of costs under Order 55 rule 5A, as the Rules provide an alternative means for determining party and party costs in such circumstances.

Court Disposition

Appeal dismissed; District Judge’s decision affirmed except as to Article 71F, which is inapplicable.

Orders

  • Matter remitted to District Judge for certification and taxation of appropriate elements under Order 55 rule 5A and rule 6.
  • Court to hear parties’ representatives on the issue of costs.