Maher v Great Northern Railway Company (Ireland) and John Warren (No. 2)

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

(H.C.),

Maher

and

Great Northern Railway Company (Ireland) and John Warren (No. 2)

Action against two defendants - Plaintiff successful against one defendant but unsuccessful against other - Order made under s. 78 of the Courts of Justice Act, 1936 - "In addition to the plaintiff's own costs."

1. Sect. 78 of the Courts of Justice Act, 1936 reads: "Where in a civil proceeding in any court, there are two or more defendants and the plaintiff succeeds against one or more of the defendants and fails against the others or other of the defendants, it shall be lawful for the Court, if having regard to all the circumstances it thinks proper so to do, to order that the defendant or defendants against whom the plaintiff has succeeded shall (in addition to the plaintiff's own costs) pay to the plaintiff by way of recoupment the costs which the plaintiff is liable to pay and pays to the defendant...