In the interests of justice that each party bear its own costs of appeal

Circuit Court appeal – costs of legal proceedings - change in the identity of the parties to the proceedings since the appeal was lodged – complications with service – application for legal costs - default position under Section 169 of the Legal Services Regulation Act 2015 is that a party who has been “entirely successful” in proceedings is normally entitled to recover their legal costs against the unsuccessful party – argued that concession on the part of the personal representative came too late - court should consider the date, terms and circumstances of any offer of settlement - striking feature of the offer of settlement in the present case is that it was made at a time when the personal representative was not actually a party to the proceedings - personal representative’s solicitor has never been on record in these proceedings - correspondence relied upon by the appellant had thus been sent to a solicitor who was not on record in the proceedings and related to a client who was not a party to the proceedings - lacked capacity at that time to compromise the proceedings - no order in respect of the costs of the appeal to the High Court - in the interests of justice that each party bear its own costs of the appeal.