Diarmuid Ó Conaghaile v An Lár Choiste Achomhairc & An Lár Choiste Éisteachta

Hearing: Regency Hotel, Drumcondra, Dublin at 7.30pm on 4 September 2015 Tribunal: Hugh O’Flaherty, Brian Rennick and David Nohilly, Secretary to the DRA, Jack Anderson, was also in attendance

Costs

1. In the Majority Award DRA 15.2015 (agreed on 19 September and published on 21 September 2015), the issue of costs was dealt with in the following manner at paragraphs 104-105:
   1. “Costs
   2. 104. The Tribunal is reserving its position in relation to the costs of either party and the costs and expenses of the DRA pending written submissions from all parties within 7 days from the date hereof.
   3. 105. By default, if no submissions are forthcoming within the time indicated above, the Tribunal invokes its jurisdiction in relation to the making of an order for costs, per Arbitration Act 2010 and so directs the Secretary of the DRA to attend to such matters forthwith:
      1. I. The ‘costs follow event’ principle applies and the Claimant is entitled to his costs, including counsel fees, as against the Respondents in equal shares.
      2. II. The Respondents discharge the costs and expenses of the DRA in equal shares.
      3. III. The deposit paid by the claimant of €1,000.00 to the DRA Secretary is refunded.”
2. 2. In the event only one submission on costs was received – from the CHC and dated 28 September 2015.
3. 3. Having considered that submission, the Tribunal decides as follow on costs: 2
4. 4. Each party bears their own costs. The Respondents discharge the costs and expenses of the DRA in equal shares. The deposit paid by the Claimant of €1,000 to the DRA Secretary is refunded.

Hugh O’Flaherty
David Nohilly
Brian Rennick