Lunny & Anor v McGivern [2013] NIQB 49 (8 April 2013)

Lunny & Anor v McGivern [2013] NIQB 49 (8 April 2013)

Due to confusion and deficiencies on both sides regarding ownership and pre-action correspondence, and the opportunity for resolution without proceedings, it is not appropriate to award full costs to the plaintiff; instead, plaintiff is entitled to half the costs of the applications made.

Source-derived case information.

Citation
[2013] NIQB 49
Parties
Plaintiff: Mark Lunny; Plaintiff: Danlor Utilities Limited; Defendant: Brendan McGivern
Jurisdiction
Northern Ireland
Judgment Date
08 April 2013
Procedural Posture
Commercial Action / Costs Determination After Concession of Ownership
Outcome
Plaintiff awarded half the costs of the applications made against the defendant.
Legal Topics
Pre Action Protocol, Costs, Ownership of Property
Civil Procedure Commercial Law Pre Action Protocol Costs Ownership of Property

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mark Lunny

Plaintiff

Danlor Utilities Limited

Plaintiff

Brendan McGivern

Defendant

Procedural Posture

Commercial Action / Costs Determination After Concession of Ownership

Legal Issues

  1. 1 Whether costs should be awarded in full to the plaintiff given pre-action conduct and confusion over ownership
  2. 2 Applicability and effect of pre-action protocol in commercial actions involving interim relief

Ratio Decidendi

Due to confusion and deficiencies on both sides regarding ownership and pre-action correspondence, and the opportunity for resolution without proceedings, it is not appropriate to award full costs to the plaintiff; instead, plaintiff is entitled to half the costs of the applications made.

Court Disposition

Plaintiff awarded half the costs of the applications made against the defendant.

Orders

  • Order for plaintiff to recover half the costs of the applications from the defendant; precise form of order to be devised by counsel.