When settling a High Court case where ultimately Circuit Court damages and Circuit Court costs are agreed, it is important to seek the payment of High Court outlay.
There will of course be consideration given as to whether it was reasonable at the time to have instituted proceedings in the High Court when a case subsequently settles with Circuit Court damages and Circuit Court costs. However, while it is not suggested that any settlement should break down on this point, High Court outlay should certainly be sought to be agreed at settlement negotiations.
If High Court proceedings are settled with a simple agreement to pay the costs without emphasizing High Court or Circuit Court costs and there is no particular agreement thereon, then the High Court scale will apply.
Do not hesitate to contact us if you need any further advice.