Gibson v Hodes

• Jurisdiction: Ireland
• Judgment Date: 01 January 1942
• Date: 01 January 1942
• Court: High Court

Gibson

and

Hodes

Remitted action in tort -Decree for £15 - Taxation of costs on County Court scale - Costs of motion to remit - Common Law Procedure Amendment Act, Ireland, 1870, s. 6 - R.S.C. (N.I.), 1936, Or. LXV, r. 61 (42) (as amended by Order dated July 2, 1941, made under Administration of Justice (Emergency Provisions) (N.I.) Act, 1939).

1. (1) Where an action in tort was commenced in the High Court but was remitted to the County Court on the application of the defendant, and at the trial the plaintiff obtained a decree for £15 and costs, and no special order as to costs was made by the trial Judge as provided by Or. LXV, r. 61 (42) (as amended by Order of the Lord Chief Justice dated July 2nd, 1941) the Court held:(a) That the costs of the plaintiff in the County Court should be taxed on the ordinary scale applicable to remitted actions in the Civil Bill Courts as provided by s. 6 of the Common Law Procedure Amendment Act, Ireland, 1870, where the amount recovered is £15. Watson v. McCottarDLTR (32 I. L. T. R. 105) applied. (b) That the costs of the plaintiff in the High Court should be taxed on the County Court scale, that is to say, that, instead of allowing in respect of each item the amount set out therefor in the High Court scale, the taxing master should allow not more than the amount specified in regard to the most nearly corresponding item in the County Court scale of costs of an ordinary...