The High Court has ordered John Ward to pay An Post’s costs, including reserved costs and outlay, after dismissing his personal injuries claim in its entirety.
Mr Justice Heslin made the costs ruling on 7 July 2021, following the court’s judgment dismissing the claim on 11 June. The costs ruling addressed only who should pay the costs of the proceedings; it did not revisit the dismissed claims.
Ward had asked the court to make no order for costs or, alternatively, to award An Post only part of its costs. His submissions cited the injunction he had obtained before trial, An Post’s refusal to mediate, alleged conduct that he said prolonged the litigation, and the potential chilling effect of a costs award on other litigants. The judge said the interlocutory relief did not support Ward’s position after his claims failed, and found no basis to conclude that An Post had improperly lengthened the case or trial.
The judge described the case as personal injuries proceedings, rather than an employment law claim. Ward had alleged that bullying and harassment caused injury and that An Post breached duties under statute, contract and common law, including in its operation of the Attendance Support & Management Process (ASMP). All claims had been dismissed based on the evidence and established legal principles.
The ruling noted that An Post had made proposals before trial under which the parties would bear their own costs if Ward withdrew the proceedings. The proposals also offered a facilitator and a route for Ward to re-enter the ASMP. Ward did not accept them and proceeded to trial. The judge said Ward was entitled to pursue his claim but did so knowing he risked an adverse costs order if unsuccessful.
Applying section 169(1) of the Legal Services Regulation Act 2015 and considering the circumstances and conduct of the parties, the judge said there were no exceptional circumstances warranting a departure from the usual rule that costs follow the event. An Post had been entirely successful. Its costs, including reserved costs and outlay, are to be adjudicated if the parties cannot agree the amount.