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Second and third defendant entitled to costs as they were entirely successful in defending appeal

By: Colm Scott Byrne BL

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Court of Appeal awards the second and third defendants their costs following the dismissal of an appeal brought by the plaintiff with a stay for 28 days pending any application by the plaintiffs to the Supreme Court for leave to appeal, on the grounds that: (a) the second and third defendant were entirely successful in the proceedings; and (b) the plaintiffs’ submissions on costs do not engage in any meaningful way with the salient findings of the Court in the principal judgment, and consequently they have not established any basis upon which the Court should not make an award of costs in favour of the second and third named defendants.

Faherty J (nem diss): Costs of legal proceedings - application by the the second and third defendants for their costs of successfully defending the appeal - the plaintiff argued that there should be no order as to costs - whether there was anything on the particular nature and circumstances of the case or the conduct of the proceedings by the second defendant or third defendant which would merit a departure from the normal rule in relation to costs - s. 169 of the Legal Services Regulation Act 2015 - Order 99 of the Rules of the Superior Courts - second and third defendant entitled to the costs of their appeal.

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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