The Court of Appeal permitted Colm Campbell to withdraw his appeal after the parties resolved their dispute over an injury he suffered while watching a golf championship. The court vacated all costs orders made in the High Court and made no order as to costs in the appeal.
The judgment, delivered on 25 May 2023 by Maurice Collins J, records that Campbell was struck by a golf ball on 28 March 2016 while spectating at the West of Ireland Amateur Golf Championship at County Sligo Golf Club, Rosses Point. The ball was hit by Kevin Le Blanc during his quarter-final match, as he played his second shot towards the 11th green.
Campbell had sued the club, the Golfing Union of Ireland and Le Blanc. The High Court had dismissed his claim. Campbell appealed, and the Court of Appeal heard the appeal and completed its judgment. Before it was due to be delivered, Campbell’s solicitors, with the other parties’ consent, told the court that all issues had been resolved and Campbell was unconditionally withdrawing the appeal. They asked the court not to deliver its judgment.
The Court of Appeal said it had discretion to deliver judgment after a fully argued appeal even where the parties had settled and asked it not to. It weighed the parties’ agreed position and the public interest in encouraging settlement against the public interest in publishing a judgment that addressed issues of wider significance. The court noted that the underlying appeal focused mainly on factual questions, including where Campbell had been standing, as well as the trial judge’s analysis. It also raised the scope of the Occupiers Liability Act 1995, an issue the court said was significant but not entirely novel.
Collins J concluded that, in these circumstances, the parties’ position and the potential effect of publication outweighed the public interest in delivering the prepared judgment. He stressed that courts may reach a different decision in other appeals and may deliver judgment despite a request from settled parties.
The court did not decide the underlying liability appeal. It permitted the withdrawal by consent, vacated the High Court costs orders and made no order for costs in the Court of Appeal.