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Court reserves the costs of an interlocutory injunction application to the trial of the action

By: Colm Scott Byrne BL

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High Court reserves the costs of an application for an interlocutory injunction in which the Court had granted 2 out of 5 of the interlocutory injunctions sought to the trial of the action, on the ground that the application fell into the category where there is a risk injustice may arise in determining the costs of the interlocutory injunction application at this stage of the litigation.

Costs of legal proceedings - application for costs - High Court had previously granted interlocutory injunction in favour of the plaintiff - the defendant sought its costs of the interlocutory application on the basis that it successfully resisted three of the five interlocutory injunctions sought against it by the plaintiff and argues costs should follow the event - the plaintiff argues that they are entitled to the costs of the application on the basis that they obtained one of the injunctions that they sought and in securing the provision by defendant of an undertaking to the court equivalent to another as factors that would entitle them to the costs of their application - the plaintiff argues that the costs should be reserved in the alternative - Order 99 of the Rules of the Superior Courts - section 169(1) of the Legal Services Regulation Act 2015 - whether the plaintiff was entitled to the costs of the application - whether the defendant was entitled to the costs of the application - whether the costs should be reserved - whether either party had succeeded fully - costs reserved until the trial of the action.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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