While Nikita Hand won her civil case against Conor Mc Gregor, the issue of costs remains ‘complicated,’ according to Newstalk Courts Correspondent Frank Greaney.
After the DPP decided not to pursue a criminal prosecution against Mr McGregor on the back of Ms Hand’s allegation that he raped her in the Beacon Hotel, Ms Hand decided to sue him for damages.
After 12 days at trial, Ms Hand won her case against Mr McGregor but lost her case against his friend, James Lawrence, whom she had also accused of raping her after Mr McGregor left the hotel.
At the High court yesterday, Mr McGregor was ordered to pay Ms Hand’s legal costs arising from the lawsuit.
Ms Hand had asked the court to award her the highest level of costs against him, which would have seen him pay her entire legal bill; however, the judge opted not to do that, instead directing him to pay the costs at the ordinary level.
Separately, the judge made no order regarding the issue of costs relating to Ms Hand’s unsuccessful legal action against Mr Lawrence.
That means that she will have to pay her own legal bills in relation to that portion of her legal action.
On The Pat Kenny Show, Frank said that the situation was ‘particularly tricky’ to understand.
“I mentioned that general rule of thumb, where costs followed the event and the loser pays in ordinary circumstances,” he said.
"So, you know, taking that rule, it stands to reason then that while Conor McGregor was ordered to pay Nikita Hands loss – him being the losing party – then she should have paid James Lawrence's – but that's actually not what the judge decided yesterday.”
Frank said the judge felt it would be inappropriate to award Ms Hand costs relating to Mr Lawrence as she did not win her case against him.
“So, he made no order in relation to those – which essentially means that she pays her costs, and he pays his own,” he said.
Conor McGregor to appeal verdict
Mr McGregor and Mr Lawrence both employed the same solicitors and Mr McGregor has said he will foot the bill for his friends' costs.
Frank said that Ms Hand will have around 80% of her costs relating to her case against Mr McGregor paid by him.
“While Nikita Hand was looking for Conor McGregor at one point to pay the entire legal bill, the judge wasn’t with her on that,” he said.
“She was also looking for him to pay the highest level of costs, and [the judge] ruled against her in relation to that too, just awarding her those ordinary costs.”
Frank also said that Mr McGregor’s barrister had confirmed in court yesterday that his client would be appealing the verdict.