The High Court has granted an order pursuant to s.3 of the Legal Practitioners (Ireland) Act 1876 to James Lucey & Company in respect of outstanding counsels’ fees due to a former client. Delivering judgment for the High Court, Mr Justice Oisin Quinn determined that “there is no clos
Legal Costs
Solicitor Barry Magee is to be appointed as the next chief legal costs adjudicator. Mr Magee joined the Office of the Legal Costs Adjudicator in 2020 and will take the reins from Paul Behan upon Mr Behan's retirement next month.
A High Court judge has opined extensively on legal costs in Ireland in a judgment delivered in the course of litigation as between siblings over inherited family property. Delivering judgment for the High Court, Mr Justice Michael Twomey opined that “there was no obligation on her to provide a
The High Court has confirmed that the imposition of District Court scale fees in Circuit Court personal injuries proceedings did not fall foul of the prohibition on scale fees in s.17(4) of the Courts Act 1981. Delivering judgment for the High Court, Mr Justice Anthony Barr considered: “At the
The High Court has determined that it was reasonable for applicants to issue proceedings seeking leave for judicial review where the minister for justice had indicated her intention to deport the infant applicant. Delivering judgment for the High Court, Ms Justice Marguerite Bolger stated that the a
The Court of Appeal has determined that a notice party solicitor was entitled to his costs as against the appellant in proceedings arising from a decision of the legal costs adjudicator. Delivering judgment for the Court of Appeal, Ms Justice Ann Power considered that “it cannot be the case th
RDJ partner Ronan Geary considers a significant consequence of Brexit for UK-based litigants in the Irish courts. A recent High Court decision, delivered by Ms Justice Bolger, in Henderson v Dublin Airport Authority T/A DAA Public Ltd Company & Anor (Approved) [2024] IEHC 29, has strongly sugges
With recent commentary from High Court judges past and present, the issue of legal costs in Ireland has arisen once again. Killian Flood writes on the issue of legal costs from a barrister’s perspective.
The Court of Appeal determined that Lodge Gaven Limited should be restored to the Register of Companies, but varied the order of the High Court to award Circuit Court costs instead of High Court costs. Delivering judgment for the Court of Appeal, Mr Justice Donald Binchy observed that “where a
The Court of Appeal has dismissed the appeal of a solicitor against the High Court's refusal to review a Taxing Master's assessment. Delivering judgment for the Court of Appeal, Mr Justice Maurice Collins found that Mr Justice Donald Binchy “was particularly qualified to carry out such an exer
Court of Appeal: Unsuccessful appellant succeeds in application to displace ‘usual rule’ as to costs
The Court of Appeal has decided that s.3 of the Environment (Miscellaneous Provisions) Act 2011 applied to proceedings brought unsuccessfully under s.160 of the Planning and Development Act 2000. Delivering judgment for the Court of Appeal, Mr Justice Séamus Woulfe noted that the requirement
A solicitor was directed to pay €500 to a client who won a payout in a personal injuries case after not adequately explaining the costs involved. The Legal Services Regulatory Authority (LSRA) found that the legal services "were of an inadequate standard because the poor communication from the
Mason Hayes & Curran partners Gerard Kelly and Gearoid Carey explore recent case law on the allocation of costs in civil litigation. The Court of Appeal recently, in Word Perfect Translation Services Ltd v Minster for Public Expenditure and Reform [2023] IECA 189, addressed a costs order made in
The District Court scale of costs has been updated for the first time since 2014, with increases of at least five per cent across the board. The District Court (Costs) Rules 2023 set out a new schedule of costs for solicitors in various categories of civil proceedings, as well as briefing fees for c
The Court of Appeal has determined that the a party which is “entirely successful” in proceedings was not required to show that it had conducted litigation in the most cost-effective manner before being entitled to its full costs. The High Court had determined that the Minister for Publi