SOLICITOR AND OWN-CLIENT COSTS – TIME LIMITS
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 [...]
SHEEHAN –V- CORR – THE SUPREME COURT
The case of Isabelle Sheehan (an infant) –v- David Corr  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 [...]
APPOINTMENT OF SECOND TAXING MASTER
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.
HIGH COURT PRACTICE DIRECTION HC71
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 [...]
PARTY AND PARTY COSTS
Time Limits Mr. Justice Hogan held on 30th of July 2013 (Harte V Horan) that an Order for Costs only becomes enforceable after the Taxation has been completed (or the costs agreed, as the case may be). In particular, it was held that “taxation of costs is not part of the process of execution of a Judgement” and further that taxation is “the further completion of the Judgement process itself”. As a result, it may be argued in future matters (where the specifics are right), that time does not begin running on an Order for Costs (or possibly the [...]
NEW TAXING MASTERS
Declan O’Neill Appointed Taxing Master In December 2011, the Minister for Justice, Mr Alan Shatter appointed Mr Declan O’Neill as Taxing Master of the High Court. Master O’Neill, formerly a Legal Costs Accountant, has already taken up his new appointment and succeeds Master Charles Moran who retired in December 2010. The Minister also appointed Ms Rowena Mulcahy in February 2012 as the second Taxing Master of the High Court following the retirement of Master Flynn in December 2011. Master Mulcahy was prior to this appointment, a practicing Solicitor and Arbitrator.