The Court of Appeal has ordered Enoch Burke to pay the appeal costs of the Board of Management of Wilson’s Hospital School, with the amount to be determined by a legal costs adjudicator if the parties cannot agree.
In a ruling delivered electronically on 26 May 2023, President George Birmingham, sitting with Justices John Edwards and Maire Whelan, considered who should pay the costs of the appeal hearing. The ruling followed three judgments delivered on 7 March 2023 that dismissed Burke’s appeal against a number of High Court orders.
The parties were invited to make written submissions on costs. Burke argued that no costs order should be made, pointing to issues of general importance. The court said his submissions, at least to some extent, involved re-litigating issues that had already been before the court during the unsuccessful appeal.
The school board argued that the usual rule was for costs to follow the event and that there were no substantial unusual reasons to depart from it. The court agreed, finding that costs must follow the event and ordering costs in favour of the successful respondent and against the unsuccessful appellant.
The ruling addresses the costs of the appeal hearing. It does not state the amount payable; that is to be adjudicated if the parties do not reach agreement.