Costs Follow The Event Or Costs Follow Conduct?

• Published date: 17 May 2022
• Law Firm: Dillon Eustace
• Author: Ms Rachel Turner

In the recent High Court case of Word Perfect Translation Services Limited v The Minister for Public Expenditure and Reform (No.2) [2022] IEHC 219, the High Court (Mr Justice Twomey) considered the obligation of the wording of section 169(1) of the Legal Services Regulation Act 2015 ("the Act") and its application to encourage a more efficient approach to litigation. In accordance with the Act, a court is obliged to ask, in every application for costs, have the parties conducted the case in the most cost-effective way possible. In doing so, the court can adjudicate on whether the winning party is entitled to its costs or whether the winning party or parties conducted proceedings in a manner that justifies a lesser award.

Facts

Word Perfect Translation Services Limited ("Word Perfect") brought an action against the Minister for Public Expenditure and Reform ("the State") challenging the legality of a Request for Tenders by the State for the supply of Irish translation services. Word Perfect was unsuccessful in its action but argued that the State did...