mcann-sadlier

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 [...]

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 [...]

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, [...]

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 [...]

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.

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 [...]

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 [...]

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 [...]

As you are most likely aware, the Minister for Justice has recently published the Legal Services Regulation Bill 2011. Please click on this link to obtain a full copy of the Bill. http://www.oireachtas.ie/documents/bills28/bills/2011/5811/document2.pdf Parts 9 and 10 of the Bill deal specifically with Legal Costs and makes for some very interesting reading. The Taxing Masters’ Office is not to be abolished but rather it is simply morphing into what will be known as the Legal Costs Adjudicators’ Office. The [...]

It has previously been held by the Taxing Master and the Courts, that in the event a lodgement is made in a High Court case with a Circuit Court level of damages and such a lodgement (or tender) is accepted, the Plaintiff is not restricted to costs of the lower jurisdiction (see Cronin Vs Astra Business Systems Limited [2004] 3IR476). However, most interestingly, this issue arose in a Ruling delivered on 2nd June 2011 before Master Flynn. The Defendant [...]