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You are here: BAILII >> Databases >> High Court of Ireland Decisions >> Boulbet v Sumup Ltd (Approved) [2025] IEHC 228 (12 February 2025)
URL: http://www.bailii.org/ie/cases/IEHC/2025/2025IEHC228.html
Cite as: [2025] IEHC 228

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AN ARD-CHÚIRT

THE HIGH COURT 

[2025] IEHC 228

[Record No. 2019/5573 P]

BETWEEN

ZSOLT REZMUVES        

PLAINTIFF   

AND

 

AIDAN JON BIRNEY AND MARTINA BIRNEY

DEFENDANTS 

Ex Tempore Ruling of Mr. Justice Tony O'Connor delivered in Court 24 at 4:20p.m. on 12th February 2025

1.                  This ruling concerns the issue of costs for the plaintiff's claim for damages arising from a road traffic accident on 10 September 2014 for which the defendants had accepted liability at an early stage.

2.                  The Court adopts the summary of key relevant events set out in para. 3 of the outlined submission on costs dated 26 November 2024 prepared by counsel for the defendants; they have not been disputed by the plaintiff. The defendants tendered €76,215 on 29 April 2021 and the Court finds favour with the submissions of counsel for the plaintiff about the lack of effect of that tender.

3.                  The Court refers to the case law and statutory provisions listed in the ex tempore judgment just delivered in the proceedings brought by the plaintiff against Patrick Simons having Record No. 2018/3516 P ("the Simons' costs judgment").

4.                  The plaintiff, through no fault of his own, was involved in two further road traffic accidents after the collision on 10 September 2014, which are described in the main judgment [2024] IEHC 592.

5.                  As a result of the agreement among the defendants which was notified to the Court, the defendants in these proceedings ("Mr. and Ms. Birney") will be directed to pay the sum of €26,525 to the plaintiff.

6.                  For the reasons outlined in the Simons' costs judgment, the Court directs the defendants to pay the cost of the plaintiff on the Circuit Court scale with a certificate for senior counsel up to 6 January 2023 when the time expired for acceptance of the offer in the joint letter of 13 December 2022. The Court does not detect the ambiguity as submitted by counsel for the plaintiff in the context of ensuring that a Calderbank letter must be unambiguous in order to have effect (see Murnaghan v Markland Holdings Ltd [2004] IEHC 406, [2004] 4 I.R. 537, [2005] 2 ILRM 161 - (judgment of Laffoy J where she did not lend credence to a Calderbank letter served on the opening day of trial which had not dealt with costs). The Court is also mindful of Whelan J's comment in E. v G [2021] IECA 108 at para. 71.  

7.                  The Court further directs the plaintiff to pay to the defendants the costs incurred by the defendants from 6 January 2023 up to and including the last day of trial on 30 July 2024. All costs reserved for determination in that period are to be discharged by the plaintiff.  Excluded are the costs associated with the oral and written submissions for the s. 26 application, which has already been explained in the Simons' judgment.  

8.                  All costs to be adjudicated in default of agreement.

9.                  No Order as to costs for this application.

10.              No payment of the €26,525.00 to the plaintiff until all costs have been agreed on or adjudicated while the defendant is entitled to offset the award of damages and costs to the plaintiff against the costs awarded to the defendant pursuant to O.22 (4) of the Rules of the Superior Courts as submitted by Counsel for the defendants.    

 

Appearances:

Counsel for the plaintiff: Eoin Clifford SC, Seamus Roche SC and Kate O'Connell B.L.

Solicitor for the plaintiff: Cashell Solicitors.

 

Counsel for the defendants: Micheál Ó Scanaill SC, Declan Buckley SC and Denise Mulcahy B.L.

Solicitor for the defendants: Daragh Lenehan.

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