Entitlement to interest on costs

Practitioners should note that in a recent case stated from the Circuit Court, the Supreme Court considered the question of whether interest is payable on costs from the date of the judgement or order awarding them, or only from the date of taxation. While the plaintiff in the case argued that, from the moment of the judgement, the successful party is entitled to interest, the defendants argued that interest should run only from the date or dates upon which the successful party has discharged the costs in respect of which he seeks interest.

The court held that costs constitute a liability of the unsuccessful party from the moment of the decree or judgement, that they are not payable until quantified, but when quantified, the debt relates back to the date of the judgement, with interest running from that earlier date.

Brendan Clarke and Fergus McCarthy v Commissioner of an Garda Siochana

, (Supreme Court, 31 July 2001, Fennelly J)
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