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High Court of Justice in Northern Ireland Queen's Bench Division Decisions


You are here: BAILII >> Databases >> High Court of Justice in Northern Ireland Queen's Bench Division Decisions >> Feeney v Tyco Healthcare (UK) Manufacturing Ltd [2008] NIQB 133 (16 October 2008)
URL: http://www.bailii.org/nie/cases/NIHC/QB/2008/133.html
Cite as: [2008] NIQB 133

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Feeney v Tyco Healthcare (UK) Manufacturing Ltd [2008] NIQB 133 (16 October 2008)

    Neutral Citation No.: [2008] NIQB 133 Ref: GIR7309
         
    Judgment: approved by the Court for handing down Delivered: 16-10-08
    (subject to editorial corrections)*    


     

    IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
    ________
    QUEEN'S BENCH DIVISION
    ________

    2003 No. 6118

    BETWEEN:

    MICHELLE FEENEY

    Plaintiff;

    -and-
    TYCO HEALTHCARE (UK) MANUFACTURING LIMITED

    Defendant.

    _________

    GIRVAN LJ

    Costs order

    [1]      The plaintiff is to have a general cost of the action against the defendant but the following items will be disallowed.

    (a) Costs of and incidental to amendments to pleadings relating to the monetary claim for loss of earnings and special damages.

    (b) The report of Breda Jamison and fees and expenses of Breda Jamison as a witness.

    (c) That a report of the forensic accountants ASM Howell and the fees and expenses of those accountants of and in connection with the proceedings.

    [2]      
    The plaintiff's recoverable costs in respect of the actual trial should be abated by 30%.

    [3]      
    The defendant should be entitled to off set against the plaintiff's recoverable costs the costs incurred by the defendant in retaining Harbinson Mulholland accountants in the preparation of their report and in consulting them in connection with meeting the plaintiff's claim.


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