Attorney General (McGarry) v Sligo County Council

• Jurisdiction: Ireland
• Court: Supreme Court
• Judge: WALSH J.
• Judgment Date: 01 January 1991
• Neutral Citation: 1989 WJSC-SC 1891
• Docket Number: [1983 No. 4846P],(118/133-85)
• Date: 01 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...