The Court of Appeal has ordered Arnaud Gaultier to pay the respondents’ costs of his dismissed appeal, including any reserved costs. The costs are to be adjudicated if the parties cannot agree on the amount.
The ruling on costs was delivered by Mr Justice Charles Meenan on 24 October 2024, following the court’s judgment on the appeal on 29 April 2024. That earlier judgment dismissed the appeal. At its conclusion, the court gave a provisional view that the respondents, having been entirely successful, were entitled to their appeal costs, and invited written submissions from the parties if they wished to dispute that view.
In the costs ruling, Meenan said Gaultier’s submission attacked the integrity of the judges who heard the appeal and criticised the judgment rather than addressing costs. The ruling said he made no serious attempt to explain why the respondents should not receive their costs.
Gaultier also applied to review or revisit the appeal judgment. The court rejected that application, saying the criticisms he raised were not grounds for a review and that a review could be ordered only in exceptional circumstances.
The respondents relied in their written submissions on section 169(1) of the Legal Services Regulation Act 2015, arguing that Gaultier had identified no issue warranting the court exercising its discretion not to award them costs.
The final order required Gaultier, as appellant, to pay the respondents’ appeal costs, including any reserved costs, with those costs to be adjudicated in default of agreement. The ruling records that Justices Binchy and O’Moore authorised Meenan to record their agreement with it.