Ritchie v McComb [2014] NIQB 125 (21 November 2014)

Ritchie v McComb [2014] NIQB 125 (21 November 2014)

The order appealed from was an order as to costs only, made in the court's discretion and exercised judicially. There was no point of sufficient importance to justify the grant of leave to appeal. The application for leave to appeal is refused.

Citation
[2014] NIQB 125
Parties
Plaintiff/appellant: Eddie Ritchie; Defendant/respondent: David W McComb
Jurisdiction
Northern Ireland
Judgment Date
21 November 2014
Procedural Posture
Application for Leave to Appeal (costs Order) / Post Judgment, Application for Leave to Appeal to Court of Appeal
Outcome
Leave to appeal refused
Legal Topics
Costs, Leave to Appeal, Interlocutory Orders
Civil Procedure Costs Leave to Appeal Interlocutory Orders

Case Brief

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Parties

Eddie Ritchie

Plaintiff/appellant

David W McComb

Defendant/respondent

Procedural Posture

Application for Leave to Appeal (costs Order) / Post Judgment, Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal is required for an order as to costs only under Section 35(2)(f) of the Judicature (Northern Ireland) Act 1978
  2. 2 Whether the order was interlocutory and required leave to appeal
  3. 3 Whether the discretion as to costs was exercised judicially

Ratio Decidendi

The order appealed from was an order as to costs only, made in the court's discretion and exercised judicially. There was no point of sufficient importance to justify the grant of leave to appeal. The application for leave to appeal is refused.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal to the Court of Appeal is refused.
  • Order for costs against the plaintiff affirmed.