The High Court has ordered Majella Rippington to pay costs to four defendant groups after her proceedings were struck out in an earlier ruling. Mr Justice Garrett Simons measured the costs at €6,750 for each group and allowed a further €500, excluding VAT, for outlay by each solicitors’ firm.
The ruling, delivered on 11 October 2019, dealt only with who should pay the costs and how much. The court had already struck out the proceedings in May 2019, finding they disclosed no cause of action, were frivolous and vexatious, and amounted to an abuse of process. It had also made an order restraining Ms Rippington from bringing further proceedings against the relevant defendants without the court’s leave.
The defendants sought an order that Ms Rippington pay their costs and asked the High Court to set a gross sum itself rather than leave the amount to be assessed by the Taxing Master. Ms Rippington, representing herself, opposed the costs application. Her submissions focused on the underlying dispute about the administration of her deceased sister Celine Murphy’s estate. The judge said the costs hearing was not an opportunity to revisit issues already decided in the earlier judgment. Ms Rippington could challenge those findings by appealing.
The judge applied the general rule that costs follow the event, finding no special circumstances to depart from it. He said a costs order was needed to protect the court process and compensate the defendants for the expense of responding to proceedings the court had found abusive.
The judge considered the case suitable for setting costs in a gross sum because it was straightforward, had been heard on affidavit evidence, and the substantive hearing lasted one day. The court also had costs estimates, accountants’ reports and detailed bills from some defendants. The judge said a gross assessment would resolve the costs issue without the further delay of taxation by the Taxing Master.
The court set €6,750 for each of four groups: Murray Flynn Maguire Solicitors and Sighle Duffy together; Anne Stephenson; Peter Maguire; and Rita Considine. The sum included €3,000 for solicitors’ general instructions, €2,500 for counsel at the substantive hearing, €500 for counsel’s drafting and €750 for counsel’s attendance at procedural hearings. A further €500, exclusive of VAT, was allowed for outlay by each solicitors’ firm.
The order is subject to the usual stay if an appeal is made to the Court of Appeal within time. The judgment does not determine the outcome of any appeal.