McHugh v Phoenix Laundry Ltd

Judgment Date18 December 1966
Date18 December 1966
CourtSupreme Court
Phoenix Laundry Ltd

Lodgment in Court - Amount of damages less than amount of lodgment - Failure of appeal - Whether the costs incurred by defendant on hearing of appeal to be awarded against infant or next friend - Rules of the Superior Courts, 1962, O. 22, r. 6.

The plaintiff, an infant suing by his father and next friend, was awarded the sum of £480 damages for personal injuries. A sum of £526 had been lodged in Court and the trial Judge made an order in conformity with O. 22, r. 6, of the Rules of the Superior Courts. This order takes no notice of the plaintiff's infancy until the point where the balance (if any) is to be retained in Court during his minority nor does it take any notice of the next friend. An appeal by the plaintiff having been dismissed, the Court reserved for consideration the question of the costs of the appeal. Held by the Supreme Court (Lavery, Kingsmill Moore and Walsh JJ.) that the order of the High Court must be affirmed without variation and that the defendants should be given the costs of the appeal to be paid by the infant plaintiff's next...

To continue reading

Request your trial
3 cases
  • Sheridan v McCartan
    • Ireland
    • Supreme Court
    • 19 July 1968
    ...costs made against the plaintiff. So held by the Supreme Court ( Ó Dálaigh C.J., Haugh and Budd JJ.). McHugh v. Phoenix Laundry Ltd.IR[1966] I.R. 60 applied. Supreme Court. [1965 No. 992 P.] Sheridan v. McCartan. MARY SHERIDAN, an Infant, suing by her father and next friend, Owen Sheridan......
  • Allied Irish Bank Plc v Aqua Fresh Fish Ltd
    • Ireland
    • Supreme Court
    • 18 October 2018
    ...the litigation and may be the subject of costs orders, as was held to be the case by the Supreme Court in McHugh v. Phoenix Laundry Ltd [1966] I.R. 60, and further affirmed by Ó"Dálaigh C.J. in Sheridan v. McCartan [1968] I.R. 7. This type of representation of natural persons under a disa......
  • C.D. v B.B.
    • Ireland
    • High Court
    • 23 June 2022 exists expressly holds to the contrary and refers, in particular, to two Supreme Court decisions. 39 In McHugh v. Phoenix Laundry Ltd [1966] IR 60, the plaintiff was an infant suing by his father and next friend. He was awarded damages for personal injuries in the High Court, and his nex......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT