CG v Facebook Ireland Ltd & Anor [2015] NIQB 28 (4 March 2015)

CG v Facebook Ireland Ltd & Anor [2015] NIQB 28 (4 March 2015)

A legally aided plaintiff cannot lawfully be awarded costs on an indemnity basis; only standard basis taxation is permitted due to the indemnity principle and statutory scheme.

Citation
[2015] NIQB 28
Parties
Plaintiff: CG; First Defendant: Facebook Ireland Limited; Second Defendant: Joseph McCloskey (No. 2)
Jurisdiction
Northern Ireland
Judgment Date
04 March 2015
Procedural Posture
Civil / Post Judgment Costs Ruling
Outcome
Order for costs in favour of the plaintiff against both defendants on the standard basis; order for costs against the second defendant not to be enforced without further order; costs of certain hearings awarded to the first defendant against the plaintiff, not to be enforced without further order.
Legal Topics
Costs, Legal Aid, Indemnity Principle
Civil Procedure Costs Legal Aid Indemnity Principle

Case Brief

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Parties

CG

Plaintiff

Facebook Ireland Limited

First Defendant

Joseph McCloskey (No. 2)

Second Defendant

Procedural Posture

Civil / Post Judgment Costs Ruling

Legal Issues

  1. 1 Whether a legally aided plaintiff can recover costs on an indemnity basis rather than the standard basis
  2. 2 Whether the court has discretion to award indemnity costs to a legally aided plaintiff

Ratio Decidendi

A legally aided plaintiff cannot lawfully be awarded costs on an indemnity basis; only standard basis taxation is permitted due to the indemnity principle and statutory scheme.

Court Disposition

Order for costs in favour of the plaintiff against both defendants on the standard basis; order for costs against the second defendant not to be enforced without further order; costs of certain hearings awarded to the first defendant against the plaintiff, not to be enforced without further order.

Orders

  • Plaintiff awarded costs against both defendants on the standard basis, to be agreed or taxed in default of agreement.
  • Order for costs against the second defendant not to be enforced without further order of the court.