O'Carroll v Aras Slainte Ltd & Ors. (Unapproved)

ARAS SLAINTE LIMITED, VHI INVESTMENTS DESIGNATED ACTIVITY COMPANY T/A VHI SWIFTCARE CLINICS, STEFAN BYRNE AND ST. JAMES�S HOSPITAL

EX TEMPORE JUDGMENT of Ms. Justice Power delivered on the 20th day of January 2020

1.������ This is an appeal of an order of the High Court (Cross J.) dated 28 May 2019. Following the dismissal of the claim of the plaintiff/respondent (hereinafter �the respondent�), Cross J. refused to make an order for the costs of the proceedings in favour of the third named defendant/appellant (hereinafter �the appellant�).�

2.������ The appellant has appealed the High Court�s order on costs on the grounds that the trial judge erred and misdirected himself in law in a number of respects, including, in failing to award the costs of the proceedings to the appellant, in departing from the principle that �costs follow the event�, in failing to provide any or any adequate basis for departing from that principle and in holding that aspects of the cross-examination of the respondent by counsel for the appellant amounted to an allegation of fraud.

3.������ The appellant also claims that the trial judge erred in finding that certain aspects of the cross-examination of the respondent were such as to warrant the disapprobation of the court and that such disapprobation could only be marked by making no order as to costs in respect of the totality of the proceedings.�