Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court, in an application for legal costs, grants costs on the Circuit Court scale (with a certificate for senior counsel) to the successful plaintiff ,who sought and obtained injunctive relief and damages (€10,000) arising from a trespass onto his lands by virtue of the defendant having constructed a footpath on a small tract of land near his home, on the grounds that, despite the ordinary rule as to costs, the proceedings should have been brought before the Circuit Court despite a legitimate legal confusion at the time surrounding the jurisdiction of that Court to rule on such matters on the basis of rateable valuation.
Costs - application for legal costs following successful application for injunctive relief and damages - act of trespass on plaintiff's property by defendant having constructed a footpath on grass margin (small track of land near premises) - O.99 RSC - damages assessed at €10,000 - statutory provisions on the limitation of costs by court jurisdiction - conflicting legal authority on whether claim could be brought in Circuit Court based on rateable valuation - confusion later clarified by Supreme Court - claim initiated before High Court because of such uncertainty surrounding the appropriate jurisdiction - action ought to have been initiated before Circuit Court - costs to be awarded on Circuit Court scale with a certificate for senior counsel.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now