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1212, 2019

Rules of the Superior Courts (Costs), 2019

By |December 12th, 2019|Categories: News|

SI No. 584/2019 The Minister for Justice and Equality, Mr Charles Flanagan commenced the above Statutory Instrument on 3rdDecember 2019.  Not only has this SI overhauled the Rules of the Superior Courts and in particular Order 99, it has also made sweeping changes to Appendix W in terms of the Bill of Costs format and scheduled items. Formerly, the Bill of Costs was drawn pursuant to Order 99 and Appendix W in a seven-column format, which included a Solicitor’s General Instructions Fee, supported by a single detailed narrative or instruction statement. In the interest of transparency, a Bill of [...]

112, 2019

Legal Services Regulation Act, 2015

By |December 1st, 2019|Categories: News|

Legal Services Regulation Act, 2015 Since the retirement of Master Declan O’Neill in June 2019, Master Paul Behan was the sole Taxing Master operating within the State.  However, on 7thOctober 2019 the Minister for Justice and Equality, Mr Charles Flanagan formally commenced Part 10 of the Legal Services Regulation Act, 2015.  The commencement of this Act established the Office of the Legal Costs Adjudicators which takes over all functions of the Taxing Masters Office.  In addition, Mr Paul Behan was appointed Chief Legal Costs Adjudicator along with Dr Niall O’Hanlon as Legal Costs Adjudicator.  It is understood that a [...]

2606, 2018

SOLICITOR AND OWN-CLIENT COSTS – TIME LIMITS

By |June 26th, 2018|Categories: News|

Under Section 2 of the Attorneys and Solicitors (Ireland) Act 1849, a Solicitor may lawfully issue proceedings against his or her former client for recovery of costs on the expiration of one calendar month. However, the client has a twelve month period in which he or she can seek and obtain Taxation of these costs. In the case of Doyle –v- Buckley, Mr Justice Charleton on 25th March 2013 held that “in order for a Bill to be valid, there must be compliance with the structures”. The “structures” is a reference to Order 99, Rule 29, Sub-Rule (5) (and [...]

2802, 2018

SHEEHAN –V- CORR – THE SUPREME COURT

By |February 28th, 2018|Categories: News|

The case of Isabelle Sheehan (an infant) –v- David Corr [2017] IESC 44 was a Personal Injuries Action which commenced in November 2009 and was compromised in October 2011 for €11.5 million plus costs to be taxed in default of agreement. The Plaintiff’s costs were taxed before The Taxing Master on 12thSeptember 2012. The Taxing Master’s Ruling issued on 7th September 2012. The Plaintiff brought formal written Objections to that Ruling on 27th November 2012 on the basis that the Solicitor’s general instructions fee had been incorrectly assessed. The Taxing Master heard objections over four days from September 2013 [...]

405, 2017

APPOINTMENT OF SECOND TAXING MASTER

By |May 4th, 2017|Categories: News|

Paul Behan Appointed Taxing Master of High Court In April 2017 Mr Paul Behan has been appointed Taxing Master of the High Court. Master Behan, formerly a Legal Costs Accountant has taken up his new appointment and succeeds Master Rowena Mulcahy whose term of office ended in January 2017.

405, 2017

HIGH COURT PRACTICE DIRECTION HC71

By |May 4th, 2017|Categories: News|

Payment on Account of Costs Pending Taxation “In view of long delays in the taxation of costs, the attention of practitioners is drawn to the provisions of Order 99, rule 1B (5). I direct that in all cases where there is no dispute as to the liability for the payment of costs and in any other case which a judge thinks appropriate, an order may be made directing payment of a reasonable sum on account of costs within such period as may be specified by the judge pending the taxation of such costs. Such orders may be made on [...]