Hudson v Dublin Corporation

• Jurisdiction: Ireland
• Judgment Date: 13 February 1931
• Date: 13 February 1931
• Court: High Court (Irish Free State)

Hudson v. Corporation of Dublin.

JOHN HUDSON

and

CORPORATION OF DUBLIN

Practice - Costs - Action commenced in High Court - Claim for £1,000 -Damages assessed at £250 - Taxation of costs on High Court scale - Action "which could have been commenced in the Circuit Court" - Test not the amount claimed but the amount recovered - Rules of the High Court and Supreme Court, 1926, Or. XXVIII, r. 2.

Motion to review taxation.

The plaintiff, John Hudson, brought an action claiming £1,000 damages for personal injuries sustained by him by reason of the negligence of the defendants, the Corporation of Dublin. The action was tried by Hanna J. with a jury on 6th and 7th November, 1930. The jury found in favour of the plaintiff, and awarded him £250 damages. Hanna J. accordingly gave judgment for that sum.

The order made was as follows:—"The action having, on the 6th and 7th day of November, 1930, been tried before the Hon. Mr. Justice Hanna with a jury of the County of City of Dublin, and the jury having found for the plaintiff, and the said Mr. Justice Hanna having given judgment for the plaintiff for £250 and costs of suit:

Therefore it is adjudged that the plaintiff recover against the defendants £250 and £— for his costs of suit on taxation."

The Taxing Master, when the bill of costs came before him, taxed the costs on the High Court scale. Objection was made before him that only Circuit Court costs should be allowed, but he overruled this objection on the ground that the claim, being one for £1,000, the action was not one which could have been commenced in the Circuit Court.

The report of the Taxing Master was as follows:—

"The bill of costs of the plaintiff in this action came before me for taxation on January 13th, 1931. Before I entered upon the taxation of the bill of costs the solicitor for the defendants objected to the costs being taxed by me on the High Court scale, and submitted that I should tax the costs on whatever scale is applicable to a decree in the Circuit Court for £250. I proceeded to tax the bill of costs on the High Court scale.

The action was brought by the plaintiff for damages for personal injuries received by him by reason of the negligence of the defendants, their servants, or agents in the care, management and control of a motor ferry, in which the plaintiff was being carried as a passenger. The plaintiff claimed £1,000 damages. The action was at hearing two days before the Hon. Mr. Justice Hanna and a jury, and by...