Judgment: 2022-12-13 · Court archive

Court of Appeal orders appellant to pay costs after dismissing appeal against William Murray

The court said the appellant had not established a basis to depart from the usual rule that an entirely successful party should receive costs.

The Court of Appeal · [2022] IECA 284

Who, what, where, when and why

Who
  • Tom Darcy (Plaintiff)
  • Allied Irish Banks plc (Defendant)
  • William Murray (Defendant)
What

The court said the appellant had not established a basis to depart from the usual rule that an entirely successful party should receive costs.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

In a costs ruling delivered on 13 December 2022, the court said Darcy had not established a basis to depart from the normal rule that an entirely successful party should receive their costs. It made the order under section 169 of the Legal Services Regulation Act 2015.

The Court of Appeal has ordered Tom Darcy to pay William Murray’s costs of an appeal that was dismissed in October 2022.

In a costs ruling delivered on 13 December 2022, the court said Darcy had not established a basis to depart from the normal rule that an entirely successful party should receive their costs. It made the order under section 169 of the Legal Services Regulation Act 2015.

The appeal concerned a High Court order dismissing proceedings against Murray on grounds of delay. The Court of Appeal had dismissed Darcy’s appeal in a written judgment dated 21 October 2022. The costs ruling records that the proceedings were then at an end as against Murray, although they appeared to continue against the first named defendant, Allied Irish Banks plc.

After the appeal judgment, the court indicated its provisional view that Murray, having been entirely successful, should receive the appeal costs. It gave Darcy an opportunity to make written submissions seeking a different order.

Darcy’s submission cited his poor financial situation and asked the court to stay any costs order until the proceedings were finally determined. The court said it did not understand that request because the proceedings against Murray had ended. It considered any continuation of the matter against Allied Irish Banks plc immaterial to the costs question before it.

The ruling addresses appeal costs. It does not determine any matter continuing against the bank.

Read the original court judgment

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