Daniel McAteer and Aine McAteer v Joseph McElhinney, Patrick McDaid and Walter Hegarty T/A "McElhinney, McDaid & Hegarty" Solicitors
| Jurisdiction | Northern Ireland |
| Judge | Treacy LJ |
| Judgment Date | 15 November 2023 |
| Neutral Citation | [2023] NICA 72 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2023] NICA 72
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: TRE11871
ICOS No: 2004/24580/A04
Delivered: 15/11/2023
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
AND IN THE MATTER OF AN APPEAL FROM THE QUEEN’S BENCH
DIVISION (COMMERCIAL HUB)
OF THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
BETWEEN:
DANIEL McATEER AND AINE McATEER
Plaintiffs/Appellants
and
JOSEPH McELHINNEY, PATRICK McDAID AND WALTER HEGARTY
T/A “McELHINNEY, McDAID & HEGARTY” SOLICITORS
Defendants/Respondents
___________
Daniel McAteer appeared as a Personal Litigant
Jonathan L Dunlop (instructed by Carson McDowell, Solicitors) for the
Defendants/Respondents
___________
Before: Keegan LCJ and Treacy LJ
___________
TREACY LJ (delivering the judgment of the court)
Introduction
[1] The appellant appeals against the judgment of McFarland J made pursuant to
Order 62 Rule 35, whereby on application for a review of the decision of the Taxing
Master, he upheld the decision of the Master in relation to her assessment of the level
of award of costs to the defendants/respondents in respect of the action McAteer &
McAteer v McElhinney, McDaid and Hegarty.
[2] The context of the review before McFarland J is set out at paras [1]–[5] of his
judgment reported at [2020] NIQB 72:
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1 cases
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Andrew Matthew McGivern and South Eastern Health and Social Care Trust
...subject of unless orders has been discussed in a number of authorities. As recently stated by Treacy LJ in McAteer and McElhinney & Ors [2023] NICA 72 at para 30: “The effect of an ‘unless’ order is a matter of settled law. It is clear that the appellants did not comply with that order and ......