Mulligan v Mulligan McConnell

JurisdictionNorthern Ireland
Judgment Date01 January 1933
Date01 January 1933
CourtCourt of Appeal (Northern Ireland)
[C. A., N.I.],
Mulligan
and
Mulligan & McConnell

Action against alternative defendants - One defendant successful - Recoupment of plaintiff by unsuccessful defendant -"Costs reasonably incurred" - "Special cause"- Judicature (Ir.) Act, 1877, s. 53 - Order LXV., r. 1.

The plaintiff was forced to join the two defendants in an action for negligence. He succeeded against one defendant and failed against the other. The Court held that the costs incurred by the plaintiff in suing the successful defendant were reasonably and properly incurred and that they should be paid by the unsuccessful...

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1 cases
  • Shelley-Morris v Bus Átha Cliath
    • Ireland
    • Supreme Court
    • 22 Enero 2003
    ...High Court, Unreported, 27th July, 1995. Such special cause must be established: Little v. Dublin United Tram Company and other, 67 I.L.T.R. 236. 18 11. The exercise of the discretion of the court in this case is related to the facts. On this appeal the liability of the defendant was held t......

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