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IEHC 406 ECLI:IE:HC:2019:406 Generato dall'IA

High Court dismisses Council's cost reduction claim for successful applicants who followed legal procedure correctly.

Numero d'incarto IEHC 406
Autorità giudiziaria
Giurisdizione Irlanda (IE)
Data della decisione
Esito del giudizio Parzialmente accolto (Partially Allowed)
Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The proceedings were settled regarding the main dispute, leaving only costs to be adjudicated. Dublin City Council argued for reduced costs due to the applicants' procedural conduct, though both parties agreed no pre-litigation warning letter was legally required. The court rejected the Council's request, ruling that successful litigants who acted within their legal rights are entitled to full costs.

Regesto Legislator

Generato dall'IA

Civil Procedure Act 1991; Costs Act 1993: A court cannot order reduced or no costs against a successful litigant who has acted in accordance with the law, even if the opposing party contends they should have taken different procedural steps.

Parole chiave

Generato dall'IA
costs assessment successful litigant procedural conduct pre-litigation warning High Court discretion legal entitlement costs order

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Testo completo

[2019] IEHC 406

THE HIGH COURT

2018 No. 1034 JR

Between:

MIROSLAVA KUZNECOVA AND SERGEYS KUZNECOVS

APPLICANTS

– AND –

DUBLIN CITY COUNCIL

RESPONDENT

JUDGMENT of Mr Justice Max Barrett delivered on 6th June, 2019.

These proceedings were settled in favour of the applicants without need for court hearing/adjudication. The sole dispute remaining

concerns costs. The Council, with the benefit of hindsight, contends that if a pre-litigation warning letter had been sent, matters

could have been resolved without need for court proceedings. Both sides agree that no such letter was required by law. However, the

Council invites the court to indicate its ‘displeasure’ at how the applicants proceeded by ordering reduced/no costs to them. No

displeasure arises. The applicants have done nothing that by law they were not entitled to do or which by law they ought not to have

done. Save in untypical circumstances, the court sees no basis on which a court of conscience could properly order reduced/no costs

to successful litigants who are entitled by law to proceed as they have, who have done everything that is required of them by law,

and of whom the sole complaint is that they have not done something that is not required of them by law. The court will order costs

to the applicants.