The Court of Appeal made no order as to the costs of the appeals and affirmed the High Court costs order in three cases involving workers and companies trading as RAC Contractors and/or RAC Eire Partnership.
In a ruling delivered on 13 October 2017, Mr Justice Gerard Hogan said the defendants had succeeded on the accommodation deductions issue. The court had ruled that the damages assessment on that issue must return to the High Court. It left undisturbed the High Court’s factual findings that the accommodation was sub-standard.
The plaintiffs had succeeded on two other points: Courts Act interest and deductions for laundry. Those issues did not lengthen the appeal hearing, but added to the complexity of written submissions and the legal teams’ preparation, Hogan J. said.
Balancing the parties’ successes and failures, the Court of Appeal decided that neither side should receive an order for its appeal costs. It described the defendants’ success on accommodation as an important point and the plaintiffs’ success on the other two as lesser points.
The defendants also asked the court to vary the High Court’s costs order, which had found for the plaintiffs. The Court of Appeal declined. It said the High Court judge had been wrong as a matter of law on the accommodation deductions, but the factual findings about sub-standard accommodation remained undisturbed and could be relied on when the damages issue returned to the High Court.
The ruling concerned costs only. It did not determine the fresh damages assessment, which remained for the High Court.