Courts / Ireland / Report

Parties to pay own costs in McKillen action

Summary

In a High Court ruling on 20 March 2014, Mr Justice Paul Gilligan decided that no order would be made regarding the legal costs of Mr Paddy McKillen's action against David and Frederick Barclay and the special liquidators of the Irish Banking Resolution Corporation (IBRC). The case, which had been scheduled for earlier in the month, became moot after Mr McKillen successfully acquired the IBRC loans, worth hundreds of millions of euros, with the backing of Colony Capital. Mr McKillen and the Barclays had agreed to pay their own costs, while the IBRC argued that it should not be required to fund Mr McKillen's legal expenses because it was caught in the crossfire of the dispute. Mr Justice Gilligan noted that the parties were all involved in the events that led to the case becoming moot, and therefore the ordinary rule of no order on costs applied.

Who, what, where, when and why

What: Report matter: Parties to pay own costs in McKillen action. Procedural stage: hearing_or_decision

When:

• 2014-03-20 Publication

Why: However lawyers for the IBRC argued that it, which is in effect the taxpayer should not have to fund the costs of Mr McKillen's legal action simply because the developer had decided to discontinue his action. CNI source report

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Stage Hearing Or Decision

Read the original CNI report