Dardis Judgment - 'Totally Unrealistic' Claims And Costs Implications

The Impact on Costs in the Conduct of Personal Injuries Litigation

The recent decision of the High Court in Dardis v Poplovka (Unreported, High Court, Barr J., 28 April 2017) [2017] IEHC 249 highlights the fact that while costs generally follow the event the court can look behind the rule and exercise its discretion in awarding costs.

The plaintiff in this case was awarded damages in respect of injuries arising out of a road traffic accident. In a subsequent application for costs submissions were made as to the application of the general rule under Order 99 of the Rules of the Superior Courts that costs follow the event unless the court otherwise orders.

The plaintiff claimed that in the circumstances where the claim had been successful and where the defendant could have protected themselves by making a tender offer or an offer pursuant to s. 17 of the Civil Liability and Courts Act, 2004 that they were entitled to their costs. They claimed that it is only when justice demands, should the general rule be departed from.

The defendant had made a tender offer and they...