Ryan v Dries (on Costs)

In *Ryan v Dries (on Costs)*, the appellant sought costs of an appeal where they had been successful on a point that was not adequately raised at first instance or in the original Notice of Appeal. The matter concerned the entitlement to costs of the appeal itself.

The central legal issue before the court was whether the appellant, despite their success on a point not properly canvassed earlier, should be awarded the costs of the appeal. This required the court to consider the principles governing the award of costs, particularly in circumstances where a party achieves a favourable outcome on an argument that was not a primary focus of the litigation at earlier stages.

The court determined that while the appellant had been successful, the nature of that success, arising from a point not adequately raised, meant that a full award of costs was not warranted. The court applied the principle that costs generally follow the event, but that this principle is subject to the court's discretion, which is to be exercised having regard to all the circumstances of the case. The court considered the timing of the successful argument and its impact on the litigation process.

Consequently, the court ordered that the respondent pay the appellant's costs of the appeal incurred since 9th August 2001, but excluded costs incurred since 6th February 2002. The respondent was also granted a suitors' fund certificate if otherwise entitled.