Nikita Hand, and her lawyers, are likely to be very relieved following a High Court judge’s decision on liability for the legal costs of her civil rape actions.
Until Mr Justice Alexander Owens’ costs ruling on Thursday, there existed a real danger that Hand could face a substantial legal costs bill which might eclipse a jury’s award of almost €250,000 damages to her.
The ruling means Hand, represented by Coleman Legal LLP, is likely to keep most, if not all, of that award made last month after a High Court jury upheld her civil claim she was raped by Conor McGregor in the Beacon Hotel in Sandyford, Dublin, on December 9th, 2018.
That finding meant there was little doubt she would get her legal costs against the mixed martial arts fighter because of the normal rule that costs follow the event, and go to the winning party.
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However, there was concern on Hand’s side that the jury’s rejection of her separate claim that she was assaulted by his friend, James Lawrence, later that evening after McGregor had left the hotel could leave her liable for Lawrence’s costs.
The trial ran for 12 days in the High Court before the jury verdict on November 22nd, incurring substantial legal costs estimated at more than €1 million.
Mr Justice Owens decided the jury’s decision that Hand was not assaulted by Lawrence had to be based on the jury disbelieving his claim there was any sex between them on December 9th. That meant, although Lawrence had defeated her claim, he did not do so on the basis of his defence of consensual sex.
That led to the judge deciding it would be “completely inappropriate” to award Lawrence his costs against Hand.
McGregor and Lawrence had filed a joint defence and were “in lockstep” with each other, said the judge. As the jury did not accept McGregor’s claim of consensual sex with Hand, they could not have believed Lawrence’s claim he witnessed consensual sex between Hand and McGregor and himself had consensual sex twice with her afterwards.
For those reasons, the judge made no order for costs, meaning each side pays their own. According to legal sources, it is unlikely that Hand’s bill from her lawyers concerning the Lawrence claim will effect any substantial reduction in her award.
A stay applies on the orders until January 16th and, because McGregor has already signalled an intention to appeal the jury’s decision, Hand is not yet out of the woods.
Legal sources are sceptical of McGregor’s chances of successfully appealing either liability or damages. Some sources speculated any cross-appeal by Hand over the relatively modest level of damages might have more success.
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