IELCA 7 - Hickey -v- Ryanair Ltd. & DAA PLC

• Year: 2018
• Decision Date: 04 June 2014

1

[2018] IELCA 7

THE HIGH COURT 2016 1173 P

BETWEEN FRANCES HICKEY PLAINTIFF

AND

RYANAIR LIMITED AND DAA PUBLIC LIMITED COMPANY DEFENDANTS

RULING ON PLAINTIFF’S OBJECTIONS

1. The Plaintiff, an elderly lady aged 83 years was quite severely injured on 4 June 2014 whilst she

was in the course of disembarking from the first named Defendant’s aircraft at Dublin Airport.

It was the Plaintiff’s case that while attempting to walk down the aircraft stairs she touched off

a cord tied to the stairs, which caused a piece of steel equipment to fall and strike her left leg

in consequence of which a large ‘flap’ was severed from the back of her leg.

2. Ultimately, the Plaintiff’s Action against (a) the first named Defendant as owner and operator of

the aircraft in question and (b) the second named Defendant as the Manager and operator of

Dublin Airport, was settled at a meeting with the first named Defendant’s solicitors on 15

February 2017 (not 9 March 2017 as stated in the bill of costs), at agreed damages of €67,500

with costs to be taxed in default of agreement.

3. The Plaintiff’s costs of Action were taxed on 26 July 2017 pursuant to Order of the Court dated 9

March 2017.

4. At item no. 71 of the bill of costs the Plaintiff’s solicitors’ instructions fee was claimed at the sum

of €22,750 and was reduced, following a review of the solicitors’ file and documents, to the

sum of €9,500.

5. The Plaintiff’s solicitors’ Objection dated 24 October 2017 in relation to this allowance is as

follows-:

“The Plaintiff objects to the deduction of 13,250 euro from the general instructions fee

on the grounds that an allowance of 9,500 euro does not represent a fair and

reasonable instructions fee taking account of all relevant criteria.”

6. As is evident from the foregoing, no reasons, as required under Order 99 rule 38 (1) RSC were

provided in support of the Plaintiff’s Objections.

7. Pursuant to my directions, the Plaintiff’s written submissions, dated 7 December 2017 were

filed. It appears therefrom that the following reasons constitute the basis of the Objection-: