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The Court of Appeal determines the issue of costs in circumstances where it had upheld the High Court's decision on liability but reduced the plaintiff's damages award from €160,901 to €140,901. The defendant's appeal on liability was rejected, while the appeal on quantum was allowed, leading to a reduction in damages. Subsequently, the court directed the parties to submit written submissions on costs. The defendant argued for no costs order or, alternatively, a reduced costs order due to the plaintiff not being "entirely successful." However, the court found that the plaintiff was entitled to 80% of the costs of the appeal, as the defendant had not made an offer that equaled or exceeded the amount awarded on appeal, nor had the plaintiff indicated a willingness to accept a lesser sum. The plaintiff was awarded full costs for the High Court hearing, adjusted to reflect the reduced damages awarded by the Court of Appeal.
Court of Appeal, liability, quantum, damages reduction, costs of appeal, Legal Services Regulation Act, 2015, offer and acceptance, Higgins v Irish Aviation Authority, Meehan v Shawcove Limited & Ors., viva voce medical evidence, entirely successful, remote ruling, proportionality of costs.
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