Kennedy -v- Law Society of Ireland, [2008] IEHC 70 (2008)

Docket Number:2006 1063 S
Party Name:Kennedy, Law Society of Ireland
Judge:Birmingham J.




JUDGMENT of Mr. Justice George Birmingham delivered on 10th day of March, 2008

In the Notice of Motion before the Court, the plaintiff seeks liberty to enter final judgment in the sum of 261,187.88 together with further interest thereon from the 6th June, 2007. The plaintiff claims to be entitled to this sum as representing the interest due on foot of an award of costs.

There is a long and complex background to the current application. It is necessary to refer briefly to that history in order to put the present proceedings in context. On the 5th October, 1999, after a very lengthy High Court hearing, the trial Judge (Kearns J.) delivered a written judgment refusing the reliefs sought by way of Judicial Review by Mr. Kennedy. Subsequently, on the 20th October, 1999, he made an Order for costs in favour of the Law Society of Ireland (hereafter referred to as "the Society").

The decision of the High Court was appealed successfully to the Supreme Court by the plaintiff. On the 11th January, 2002, an Order was made by that Court remitting the matter to the High Court for further hearing and to assess the damages (if any) to which the plaintiff in the proceedings was entitled.

The provisions of the Order of the Supreme Court dealing with the question of costs are of considerable significance in the context of the present application and should be set out in full:-"IT IS ORDERED that the Applicant do recover from the Respondents the costs of the Appeal up to and including the date on which the Judgment of the Court herein was delivered by Mr. Justice Fennelly but no costs thereafter that the said High Court Order dated the 20th day of October 1999 regarding costs, be set aside and in lieu thereof, IT IS ORDERED that the High Court costs be reserved to the High Court as the issue in relation to damages is still outstanding and the entire matter of costs in the High Court to be dealt with by the learned Judge of the High Court who disposes of this case." A further hearing before Kearns J. took place in July, 2003 which resulted in the plaintiff's claim for damages being dismissed. The question of costs was dealt with by Order of the 31st July, 2003 and again, given its importance to the present case, it is appropriate to quote the relevant sections of the Order:- "IT IS ORDERED that the Applicant/Defendant [Mr. Kennedy] do recover from the...

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