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Plaintiff entitled to costs following successful appeal of ruling that her claim was statute barred
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High Court, in a ruling in relation to costs in personal injuries proceedings wherein the Plaintiff/Appellant successfully appealed an Order made of the Circuit Court determining that the Plaintiff’s claim was ‘statute barred’ and should be dismissed: (1) finds that there are “no facts or circumstances” in the present case which would merit the court departing from the normal rule to make no order for costs, as it would create a “manifest unfairness” and be inconsistent with applicable legislation; and (2) vacates a costs order of the Circuit Court and orders that the Plaintiff be entitled to her costs.
Costs of legal proceedings – Statute of Limitations – personal injuries – Plaintiff/Appellant successfully appealed an Order made of the Circuit Court determining that the Plaintiff’s claim was ‘statute barred’ - court's discretion in legal costs – Legal Services and Regulation Act 2015 – costs follow event – Order 99, Rule 2 of the Rules of the Superior Courts – to make no order as to costs would create a manifest unfairness - would be inconsistent with statute - appeal allowed.
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