The High Court ruled that Margaret Browne must pay the defendants’ costs from 28 September 2016, after her damages award of €260,111.25 fell below the €280,000 they had lodged in court. The defendants were also entitled to the balance of the lodgement and interest, subject to the eventual set-off of both sides’ costs.
The judgment, delivered by Mr Justice Barr on 24 January 2018, concerned costs following a trial limited to assessing damages. The defendants had conceded liability before trial. In an earlier judgment delivered on 20 October 2017, the court awarded Ms Browne €260,111.25.
The defendants lodged €280,000 on 27 September 2016. With the plaintiff’s consent, they received permission to increase it and lodged a further €170,000 on 23 January 2017, bringing the total to €450,000. Ms Browne accepted neither lodgement. The court found she had failed to beat either sum.
Ms Browne argued that the defendants should not receive their post-lodgement costs because they did not proceed with an agreed mediation, because of earlier vacated hearing dates, and because she had succeeded on the issue of bladder injury and resisted the defendants’ application under section 26 of the Civil Liability and Courts Act 2004. She also argued that later settlement offers had withdrawn the lodgements.
The judge rejected those arguments. He found the first defendant’s illness was a good reason the mediation did not take place. The court had no evidence about why earlier hearing dates were vacated, and no costs order had been sought at the time. The judge held that causation of the plaintiff’s injuries was part of the damages assessment, not a separate issue entitling her to costs after the lodgement. He also found the failed section 26 application did not justify a separate costs award or prevent the defendants relying on the lodgement. Later settlement offers did not withdraw it.
The court ordered that Ms Browne receive her costs up to 27 September 2016, with the defendants’ costs running from 28 September to the date of the order. Both sides’ costs are to be taxed if they cannot agree and then set off. The €260,111.25 award is to remain in court; the excess lodgement and interest are to be returned to the defendants. Once costs are determined, any balance due to the defendants may be taken from the funds held, with the remainder paid to Ms Browne. If her costs exceed theirs, the defendants must pay the difference and the remaining court funds go to her.