Judge orders Conor McGregor to pay Nikita Hand’s costs in civil rape case
Last Beacon Found Courts In The (pictured) Ms Mcgregor Of Hotel File Liable In Sandyford Conor Hand The Assault Of Photo: Was Month Collins
Nikita Hand has been awarded costs in her civil action against Conor McGregor, a judge in the High Court has ruled.
The judge also made no order in relation to the costs of James Lawrence, from whom she also sought damages for assault.
The costs were made on a party and party basis, and not on a solicitor and client costs.
This means that Ms Hand will pay her own costs in relation to her civil case against Mr Lawrence, however McGregor will have to pay the full costs of his side of the case.
Justice Alex Owens said that he made the decision following the defence put forward by McGregor, in which he relied on what Mr Lawrence claimed had happened on the day and night of the incident.
Earlier, John Gordon SC for Ms Hand (also known as Ms Ní Laimhín), who was awarded almost €250,000 in damages against McGregor, submitted that Mr Justice Owens should consider the conduct of the celebrity fighter and of that of his co-respondent, James Lawrence, before, during and after the case when considering the solicitor-client level of costs.
Mr Gordon said that McGregor, after a jury found him liable of the assault of Ms Hand in the Beacon Hotel in Sandyford, accused the court of behaving like a “kangaroo” court and that this was a “direct insult” to the jury and their decision, scandalising the court.
After a three-week hearing last month, the jury found that McGregor did assault Ms Hand but found that Mr Lawrence had not. Both men had denied the allegation.
Mr Gordon said that at the trial McGregor had used “vitriol as a weapon” against Ms Hand and that this should also be taken into account.
Mr Gordon told the hearing on Thursday morning that his client should get her “entire” costs against McGregor and that Mr Justice Owens should make no order against Mr Lawrence. The civil trial heard from McGregor in evidence that he was paying Mr Lawrence’s legal fees, which involved the same law firm.
Remy Farrell SC, for McGregor, said the costs against his client should be at the “normal” costs level in that he was the losing party in a civil trial and that the application for the higher costs level should not be granted by the “discretion” of the court.
Mr Farrell said it was “extraordinary” that a civil claim alleging rape against Mr Lawrence had been pursued when she had given evidence that she did not have sex with Mr Lawrence, had no memory of doing so and accused him of lying.
Mr Justice Owens said the case was “the most peculiar case I have encountered”.
Mr Farrell told the judge that the jury found Mr Lawrence to not have assaulted Ms Hand and did not award any aggravated or exemplary damages in the case against either man.
Mr Farrell submitted to the court that post-trial social media posts should not be taken into consideration as aggravating behaviour as many litigants express “unhappiness” with court verdicts.
John FitzGerald SC, for Mr Lawrence, submitted that his client should be awarded his costs against Ms Hand because the action she brought against him failed.
Mr Fitzgerald said that his client had been a witness in the case and that after giving his statement and claiming to have had consensual sex with her after McGregor left the hotel he was later arrested and interviewed numerous times by gardaí.
Mr Lawrence said the matter was “very serious” for his client, who was brought before the High Court in the “full glare of publicity” to answer the case.
Mr Fitzgerald said that the option of “punitive” damages was offered to the jury but was not awarded against either respondent. “They didn’t award any, so what are we take from that?” said Mr Fitzgerald.
Counsel said that there had been conspiracy theories that the two men “got together to concoct and perjure” themselves but that the jury did not believe in a “made-up” story from both men against Ms Hand.
Mr Fitzgerald said his client had been truthful and consistent in his account of having consensual sex with Ms Hand which is what he asserted before and throughout the case.
Mr Justice Owens said that he would make a decision on the costs of the case after 2pm on Thursday.
The Dublin Rape Crisis Centre welcomed the decision to award costs in favour of Ms Hand.
Chief executive Rachel Morrogh said: "This decision will reinforce the public’s belief that justice has been done in this case.
"Although for Nikita Hand, this case was always about the verdict, it was also important that both symbolically and financially, justice didn’t give with one hand and take away with the other.
“The costs awarded this afternoon underscore the significant consequences arising from Nikita Hand’s courage and her brave legal action," she said in a statement on Thursday.
Ms Morrogh added that the centre was pleased for Ms Hand and thanked her for "holding the torch of justice high since 2018, despite efforts to extinguish it."
"We wish her continued healing and health as she rebuilds her life with her family," she said.
“We also thank her for her bravery in highlighting the issues that face victims and survivors of sexual violence.
“We hope that blaming, shaming and discrediting victims will become something of the past and that this trial marks a turning point where survivors can hope for a better experience through the court process," Ms Morrogh added.
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