Attorney General (McGarry) v Sligo County Council

JurisdictionIreland
JudgeWALSH J.
Judgment Date01 January 1991
Neutral Citation1989 WJSC-SC 1891
CourtSupreme Court
Docket Number[1983 No. 4846P],(118/133-85)
Date01 January 1991
MCGARRY v. SLIGO COUNTY COUNCIL
BETWEEN/
THE ATTORNEY GENERAL AT THE RELATION OF FRANK McGARRY,PADDY O'HARA, PATRICIA MULLIGAN, NEIL CREMIN, JOHN HAMILTON AND FRANKMcGARRY, PADDY O'HARA, PATRICIA MULLIGAN, NEIL CREMIN AND JOHN HAMILTONIN THEIR OWN RIGHT
Plaintiffs

AND

SLIGO COUNTY COUNCIL
Defendants

1989 WJSC-SC 1891

Walsh J.

Hederman J.

McCarthy J.

(118/133-85)

THE SUPREME COURT

Synopsis:

INTEREST

Costs

Indemnity - Client's costs - Party and party - Expenses properly incurred by litigant - Indemnity applicable to amount of expense when discharged - ~See~ Practice, costs - (118 & 133/85 - Supreme Court - 5/5/89) - [1991] 1 I.R. 99

|Attorney General (ex relatione Mc Garry) v. Sligo County

Council|

PRACTICE

Costs

Interest - Party and party - Indemnity - Client's costs - Indemnity applicable to amount of expense when it has been discharged - Held that, where an expense has not been discharged by the client at the time of the costs order, no interest on the amount of that expense can be imposed on the party paying costs unless the client's obligation to pay the expense includes an obligation to pay interest on such amount - (118 & 133/85 - Supreme Court - 5/5/89) - [1991] 1 I.R. 99

|Attorney General (ex relatione McGarry) v. Sligo County Council|

Citations:

COOKE V WALSH 1989 ILRM 122

1

JUDGMENT delivered on the 5th day of May 1989by WALSH J. [Nem Diss]

2

The point in this case which now falls for decision by this Court is whether the costs awarded to the plaintiff should carry interest. It had been submitted on behalf of the plaintiff that because this Court has comparatively recently decided that costs carry interest 1therefore they should automatically get an order for interest on their costs. In my view that is to oversimplify the position.

3

The costs involved in this case are party and party costs. The basis of party and party costs is one of indemnity. It is also important to bear in mind that the costs as between party and party are the clientapos;s costs. What can be recovered in party and party taxation is the money paid out or, perhaps in tune with more modern practice, the monies which the successful party had already undertaken with his solicitor and counsel and other persons to pay such as witnesses etc. even though not yet paid. Nothing can be recovered in party and party taxation unless three conditions are fulfilled namely,

4

(a) that the Court has made an order for costs in...

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
75 cases
  • Best v Wellcome Foundation Ltd (No. 2)
    • Ireland
    • High Court
    • 3 Febrero 1995
    ...of interest payable in respect of costs. Cook v. WalshDLRM [1989] ILRM 322 and Attorney General (McGarry) v. Sligo County CouncilIR [1991] 1 I.R. 99 considered. 4. That it was possible to distinguish these decisions on the basis that in the later decision in Attorney General (McGarry) v. Sl......
  • Sister Mary Christian and Others v Dublin City Council (No 1)
    • Ireland
    • High Court
    • 27 Abril 2012
    ...had locus standi to challenge measure alleged to be discriminatory against class - Attorney General (McGarry) v Sligo County Council [1991] 1 IR 99 applied; Tristor Ltd v Minister forEnvironment [2010] IEHC 397, (Unrep, Clarke J, 11/11/2010) and Mulholland v An Bord Pleanála (No 2) [2005] ......
  • Mitsubishi Electric Europe B.v v Design Air Ltd
    • Ireland
    • High Court
    • 22 Mayo 2007
    ...INTERIM REPORT TO THE LORD CHANCELLOR ON THE CIVIL JUSTICE SYSTEM IN ENGLAND & WALES 1995 199 AG (MCGARRY) & ORS v SLIGO COUNTY COUNCIL 1991 1 IR 99 RSC O.99 r37 FLYNN & HALPIN TAXATION OF COSTS 1999 659 SMYTH v BULLER 1875 19 EQ 475 FRANCIS v FRANCIS & DICKERSON 1955 3 AER 836 FLYNN & HAL......
  • Byrne v Fingal County Council
    • Ireland
    • High Court
    • 2 Agosto 2001
    ...V FINGAL COUNTY COUNCIL 1977 3 IR 303 BLESSINGTON HERITAGE TRUST LTD V WICKLOW CO COUNCIL 1999 4 IR 571 MCGARRY, AG V SLIGO CO COUNCIL 1989 ILRM 768 KEOGH V GALWAY CO COUNCIL (NO 1) 1995 1 ILRM 141 MCCANN V GALWAY CORPORATION UNREP CARNEY 15.11.1994 1995/3/1062 XJS INVESTMENTS LTD, RE 1......
  • Get Started for Free

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT