The High Court has ruled that Dublin Bus and Eddie O’Sullivan are liable only for the costs of taking Carlos Tesch into wardship in Spain and certain related costs. Their liability does not extend to later applications to release settlement funds or legal work connected with a dispute between Tesch’s parents.
The judgment, delivered by High Court President Mr Justice Kelly on 24 February 2020, arose from a dispute over a 2014 consent order. That order followed settlement of Tesch’s personal injury action for €9 million. It required the defendants to pay “all costs of and incidental to an application to take the plaintiff into wardship outside the jurisdiction”.
Tesch, who was a minor when he suffered catastrophic injuries in an accident involving the defendants, is a Spanish national. In Spain, his mother sought appointment as his guardian. His father opposed her claim and appealed the decision appointing her. The appeal was dismissed, and the appointment became final in 2017. The Spanish proceedings delayed the transfer of funds held in the Irish court.
In Ireland, the court heard that there had been 18 appearances and that the plaintiff’s solicitors had submitted a bill for €195,938.86. It included work on applications for payments from the funds to meet Tesch’s medical and nursing needs, as well as work connected with the Spanish proceedings between his parents. The judgment did not decide the amount of costs payable; it addressed which categories fell within the defendants’ liability.
Justice Kelly held that “and incidental to” extended the costs beyond the wardship application itself, but only where the additional costs were incidental to wardship. He said costs such as Spanish legal advice, document translation and correspondence with Spanish lawyers relevant to the wardship application could be covered.
The judge rejected the claim that the defendants should pay for Irish applications to release funds or the plaintiff’s solicitor’s involvement in the dispute between the parents. Those costs arose from the delay and the need to provide for Tesch’s care while the funds remained in Ireland, or from the parents’ dispute, rather than from the wardship application itself.
The court directed that the bill be adjudicated, with the defendants’ liability limited in accordance with the judgment. It did not set a final amount payable.