40 Questions
What is the main purpose of the text?
To outline the factors a court should consider when deciding whether to award costs
What is one factor the court must consider when deciding whether to award costs?
The conduct of the parties during the proceedings
What is the court required to do if it decides not to award costs to the successful party?
Give reasons for the decision not to award costs
Which of the following is not a factor the court must consider when deciding whether to award costs?
The income level of the unsuccessful party
What is the significance of a party making an offer to settle the matter before the proceedings?
It is a factor the court must consider when deciding whether to award costs
What is the significance of the court inviting the parties to engage in settlement discussions or mediation?
The court can consider whether a party was unreasonable in refusing to engage in the settlement discussions
Which of the following best describes the overall approach taken in the text?
A broad, discretionary framework for courts to consider when awarding costs
What is the primary focus of the text?
The factors courts should consider when awarding costs in civil proceedings
What must the trial judge consider when making a decision?
Clear legislative purpose
In McKeown v.Crosby IECA 139, what did Noonan J consider?
Differential costs orders
According to Noonan J's conclusion, in what circumstances might the court properly consider exercising its discretion?
A wide range of circumstances
What type of order did the court make in the appeal at para 25?
Costs awarded to the defendants
Under which section were the defendants awarded additional costs for defending the case in the High Court?
Section 17(5)(a)(ii)
What should happen when the costs of each party are adjudicated?
Set off against each other
'None such arose in the particular case' implies that:
'None' refers to all circumstances
'Surplus balance paid to the party entitled thereto' suggests:
$100 paid to the entitled party
When can the Defendant top up a lodgment without leave?
Once, at least three months before the hearing date
What is the general rule regarding lodgments and admission of liability?
A lodgment can be made without any admission of liability
In which type of claim must liability be admitted for a lodgment to be made?
Claims raising the question of title to land
What change did the Defamation Act 2009 introduce regarding lodgments in defamation claims?
It allowed lodgments without admitting liability
According to RSC Order 22 Rule 1A, when can a Defendant make a lodgment in an action for damages for defamation?
The rule does not specify a specific time
Which court order governs lodgments in the Circuit Court?
Order 15, Rule 9A
Which types of claims are included in the section mentioned in the text?
Personal injury actions and fatal injuries claims
Which of the following cases is NOT mentioned in the text?
O'Donnell v. Murphy
What is the purpose of Section 17(5) of the Courts Act 1981 (as amended)?
To provide a mechanism for defendants to recover costs from plaintiffs who commence cases in higher courts unnecessarily.
How is the amount of additional costs determined under Section 17(5)?
It is the difference between the defendant's actual taxed costs and the estimated costs if the case had been heard in the lowest court.
What change was introduced by the Courts and Civil Law (Miscellaneous Provisions) Act 2013 regarding Section 17(5)?
It increased the monetary jurisdiction limits for the District Court and Circuit Court.
For proceedings commenced after February 3, 2014, what is the new monetary limit for determining whether Section 17(5) applies?
$20,000 for the District Court and $2,000,000 for the Circuit Court.
Under what circumstances can a case be brought in the High Court without the risk of additional costs under Section 17(5)?
If the judge issues a special certificate stating that it was reasonable to bring the case in the High Court.
What type of cases are excluded from the application of Section 17(5) regarding additional costs?
There is no exclusion mentioned in the text.
What is the purpose of the 'special certificate' mentioned in the text?
To certify that the case was complex enough to justify commencing it in the High Court.
Which court has the lowest monetary jurisdiction for civil cases?
The District Court.
What was the client most embarrassed and upset about?
The incident being witnessed by numerous customers and staff members
What does the text state about the allegation against the client?
The allegation was malicious and false
How many times did the client have to attend his G.P. due to the trauma of the incident?
A number of occasions
What is the client unable to determine?
Whether the client or Squeaky Clean Security Company Limited was to blame for the incident
What will happen if the solicitors do not receive an admission of liability from one of the parties?
The solicitors will issue proceedings against Squeaky Clean Security Company Limited without further notice
What will happen if Squeaky Clean Security Company Limited is not held liable and the claim against them is dismissed with costs?
The solicitors will apply for an order for additional damages and costs against the other party
What does the text state about the importance of the issue of costs in litigation?
Costs are often the main obstacle to settling a case
What does the text state is vital in practice regarding the incidence of costs?
An understanding as to the incidence of costs is vital in practice
Test your knowledge on legal implications of false allegations and situations causing distress. Explore scenarios involving security companies and liability in such incidents.
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