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Court of Appeal: (1) makes an order for the respondent's costs in circumstances where it successfully opposed the appellants' appeal against the judgment of the High Court striking out the proceedings as being frivolous and/or vexatious and/or bound to fail; (2) refuses the respondents application to measure costs; and (3) refuses the appellant's application for a stay on the costs order.
Costs of proceedings - appeal of judgment by plaintiffs/appellants - judgment entered in favour of respondents striking out proceedings as being frivolous and/or vexatious and/or bound to fail - court indicated costs to respondents - appellants entirely unsuccessful - appellants further seeking stay on costs order should it go against them - s. 169(1) of the Legal Services Regulation Act, 2015 - second appellant argues court needs to take into account settlement approaches - Section 169(f) directs court to consider whether a party made an offer - further the terms and circumstances of that offer - appellant cites three letters - court notes first letter predates proceedings - court notes second letter not type of settlement letter which court should consider - consideration without prejudice correspondence - court rejects both applications for costs by appellants - respondents entitled to their costs given costs follow the event - court finds nothing to displace rule that costs follow event - respondents seeking to measure costs - second appellant objected - second appellant notes no figure suggested by respondents - court not prepared to make preliminary measured costs order given lack information - court refuses to stay costs order - costs stayed however pending determination of application for leave to appeal.
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