The High Court has directed George O’Donoghue to pay Zsolt Rezmuves €13,262.50 for injuries sustained in a collision, while ordering Rezmuves to pay the defendant’s differential costs because the claim was brought in the High Court rather than the District Court.
In an ex tempore ruling delivered on 12 February 2025, Mr Justice Tony O’Connor said there was no good reason for the plaintiff to recover costs above the District Court scale. He said the damages awarded fell within that court’s jurisdiction.
The ruling followed the court’s main judgment in the proceedings, delivered on 16 October 2024, and addressed costs. The judge said the plaintiff’s personal injuries summons was issued on 23 May 2018, the last of three sets of proceedings discussed in the main judgment. He noted that the plaintiff had described the 20 April 2016 collision as low impact, and that evidence at trial showed the complaints underlying the damages award had been established by then.
The court considered two settlement offers. A letter dated 13 December 2022 offered €200,000 from defendants across three actions, including special damages, with costs to be adjudicated if not agreed up to 29 June 2022. A second letter, dated 9 January 2023, offered €50,000 with High Court costs to settle these proceedings. The judge said the reasonable period to accept the Calderbank letter expired on 6 January 2023.
The orders direct O’Donoghue to pay the damages and the plaintiff’s costs on the District Court scale, with a certificate for senior counsel, up to and including that expiry date. Rezmuves must pay O’Donoghue the differential costs arising from commencing and prosecuting the claim in the High Court when, the court said, it ought to have been brought in the District Court.
The €13,262.50 is not to be paid until all costs have been agreed or adjudicated. The defendant may offset the damages and costs due to the plaintiff against the costs awarded to the defendant. The ruling noted that the court was taking an overall view alongside separate costs rulings in related proceedings and referred to section 169(1)(f) of the Legal Services Regulation Act 2015.