No order as to costs in appeal of personal injuries award

Costs of legal proceedings – Court of Appeal – Personal Injuries – Court of Appeal reduced general damages to €250,000 - defendants made an offer of €351,501 on the eve of the appeal – no counter offer - defendants claim to have “won” the appeal in that they claim to have succeeded in the only issue arising, namely that the damages awarded by the High Court were excessive - plaintiff on the other hand says that he has been entirely successful in that by proceeding with the appeal, he has obtained an award in excess of any prior offer made by the defendants - open to both the defendant and the plaintiff to make offers of settlement of an appeal which could be considered by the court in arriving at a fair outcome on the allocation of costs - for an offer by a defendant to be effective, it would have to incorporate the costs incurred up to the date of the offer - while the plaintiff ultimately succeeded in obtaining an award that exceeded all prior offers made by the defendants, the plaintiff made no counter offer which would have afforded him protection in relation to the costs of the appeal - no order as to the costs of this appeal –