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You are here: BAILII >> Databases >> Irish Court of Appeal >> The Board of Management of Wilson's Hospital School v Burke (Unapproved) [2023] IECA 133 (26 May 2023)
URL: http://www.bailii.org/ie/cases/IECA/2023/2023IECA133.html
Cite as: [2023] IECA 133
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http://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/139555c1fcb056db802582bb0049945e/Content/0.414E?OpenElement&FieldElemFormat=gif
THE COURT OF APPEAL
CIVIL
[2022 No. 237]
The President Neutral Citation Number [2023] IECA 133
Edwards J.
Whelan J.
BETWEEN
THE BOARD OF MANAGEMENT OF WILSON’S HOSPITAL SCHOOL
RESPONDENT
AND
ENOCH BURKE
APPELLANT
RULING of the Court on COSTS delivered (via electronic delivery) on the 26th day of May 2023 by Birmingham P.
1. On 7th March 2023, this Court delivered three judgments dismissing the appellant’s appeal against a number of High Court orders. The question of what order should be made in relation to the costs of the appeal hearing arises for consideration.
2. The parties were invited to provide written submissions. In those submissions, the appellant contended that no costs order should be made. The submissions referred to the fact that issues of general importance were raised. It must be said that the submissions on the part of the appellant, to some extent, at least, involve a re-litigation of the issues that were before the Court on the appeal hearing where he was unsuccessful. The respondent contends that the usual rule is that costs follow the event and that there were no substantial reasons of an unusual kind which would justify - still less, require - departing from that rule. We find ourselves in agreement with the submissions of the respondent. In our view, this is indeed a case where costs must follow the event, where there must be an order for costs in favour of the successful party, the respondent, the Board of Management of Wilson’s Hospital School, and against the unsuccessful party, the appellant, such costs to be adjudicated by a legal costs adjudicator in default of agreement, and that will be the order of the Court.
Result: Costs in favour of Respondents
Mr. Justice George Birmingham
Mr Justice John Edwards
Ms Justice Maire Whelan