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ARTICLE · 16 OCTOBER 2012

Word Of Warning Over Exaggerated Costs

Matheson
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In a High Court appeal earlier this year against a decision of the former Taxing Master, Kearns J clearly re-stated the law and approach of the High Court towards the measurement of legal costs.

IrelandLitigation, Mediation & Arbitration
Tom Hayes
Tom Hayes
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In a High Court appeal earlier this year against a decision of the former Taxing Master, Kearns J clearly re-stated the law and approach of the High Court towards the measurement of legal costs. The claim related to a road traffic accident in which an out-of-court settlement of €800,000 was reached.

The plaintiff's solicitors claimed the costs of €406,000.51, including an instruction fee of €240,000.  The Taxing Master awarded the sum of €212,000 for the instruction fee which the defendants challenged.  Kearns J found that the former Taxing Master had erred in failing to apply the criteria as set out in the High Court jurisprudence.  Furthermore, he concluded that the mathematical formula used by the former Taxing Master was inappropriate and remitted the matter to the new Taxing Master.

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