O'Neill v J Donnell Murphy (t/a Murphy Kerr & Co Solicitors)

[1] The plaintiffs obtained judgment against the defendant for �16,500 and interest and the defendant resists the plaintiffs� application for the costs of the action to be awarded against the defendant.

[3] On 30 April 2001 the defendant sent a �Calderbank letter� to the plaintiffs offering to settle the plaintiffs� claims for �25,000 including interest together with the plaintiffs� costs.

[4] By Section 59 of the Judicature (Northern Ireland) Act 1978 the costs of proceedings are in the discretion of the court and the court has power to determine by whom and to what extent the costs are to be paid.

[6] Before considering the �event� reference should be made to payment into court and Calderbank letters.

[7] Order 22 rule 1(1) provides that in any action for debt or damages any defendant may without leave at any time before the close of pleadings or with leave or on consent at any later time make a payment into court in respect of the plaintiffs� claims. By Order 22 rule 1(7) it is provided that the plaintiffs� cause in respect of a debt or damages shall be construed as a cause of action in respect also of such interests as may be included in the judgment if judgment were given at the date of payment into court.