Sheridan v McCartan

• Jurisdiction: Ireland
• Judgment Date: 19 July 1968
• Date: 19 July 1968
• Docket Number: [1965 No. 992 P.]
• Court: Supreme Court

Supreme Court.

[1965 No. 992 P.]

Sheridan v. McCartan.

MARY SHERIDAN, an Infant, suing by her father and next friend, Owen Sheridan

Plaintiff

and

EUGENE L. McCARTAN, Defendant (1)

Practice - Costs - Infant plaintiff - Judgment for plaintiff set aside on appeal - Defendant awarded costs of appeal - Whether plaintiff or next friend should pay costs of appeal.

Appeal from the High Court.

The plaintiff, Mary Sheridan, brought an action in the High Court to recover damages for personal injuries which she had suffered by the negligence of the defendant. The plaintiff, who was born on the 14th February, 1947, sued by her father and next friend. The action was tried before Mr. Justice Henchy and a jury on the 17th and 18th October, 1966, and judgment for £6,229 19s. 10d. and costs was entered in favour of the plaintiff. An appeal by the defendant from the order of the High Court was brought before the Supreme Court and on the 4th May, 1967, the Supreme Court allowed the appeal, directed that the order of the High Court be set aside and that the plaintiff's action be remitted to the High Court for a new trial on the issue of damages and that the costs of the first trial were to abide the result of the new trial, and allowed the defendant the costs of his appeal. Counsel for the defendant then applied for an order directing that the defendant's costs of the appeal be paid by the plaintiff and that application was adjourned to the 11th May, 1967. The order of the Supreme Court, in relation to costs, directed that the defendant's costs of appeal up to and including the 4th May, 1967, be paid by the plaintiff's next friend and that the defendant should pay to the next friend the costs of the hearing on the 11th May, 1967.

Where costs are awarded to a defendant in an action brought by an infant plaintiff by his next friend, the Court should direct that the costs be paid by the next friend even though there is a possibility that it might be easier to execute an award of Costs made against the plaintiff.

So held by the Supreme Court ( Ó Dálaigh ó dálaigh C.J., Haugh and Budd JJ.).

McHugh v. Phoenix Laundry Ltd.[1966] I. R. 60 applied.

Cur. adv. vult.

ÓDálaigh ó dálaigh C.J.:—

The Court has allowed the defendant's appeal against a jury's award of £6,229 19s. 10d. damages in favour of the

infant plaintiff on the ground that the amount of the damages is excessive and consequently has directed a new trial on this issue. The costs of the trial...