The Supreme Court delivered a 44 page written Judgement  in the Case of Sheehan v Corr on the 15th June 2017. That decision has overturned the Decision of the Court of Appeal dated 10th June 2016 in many aspects.

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The Court was asked to adjudicate on 4 issues that pertained to the Appellants/ Respondents Appeal however the decision has a broader effect on the system of Taxation of Legal Costs in Ireland.

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It would appear that it may speed up the hearing of Taxations however that remains to be seen as each case that comes before the Taxing Masters is different and the Taxing Masters are required to examine the nature and the extent of the work done as mandated by Section 27 of the Courts and Courts Offers Act 2005.

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The Issues

1. Time / Records

2. Bill of Costs

3. Payment for two Senior Solicitors

4. Economic Downturn.

 

The Court also made general observations to the unrealistic figures as contained in Appendix “W” of the Rules of the Supreme Court and point out that are other provision in Order 99 that are also outdated however this will be a matter for the legislator.

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It would appear that Solicitors and Barristers are not required to produce Time Records at Taxation as a matter of law, however a prudent Solicitor or Barrister should keep time records in assisting the Taxing Master in the  assessment of the Taxation of Legal Costs.

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It would also appear that the Taxing Master holds a discretion in allowing or requesting retrospective time records to be introduced in the course of taxation.

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In relation to the Bill of Costs issue it was determined by the Court of Appeal that each and every item should be included in the Bill of Costs to include an hourly rate, the seniority of the person or persons who performed the task, thus requiring the Taxing Master to value each and every item in the Bill of Costs to arrive at the Instruction Fee.

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The Supreme Court has now found that the Taxing Master is not required to go through each and every item to ascertain the instruction fee.

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In other words Bills of Costs presented for Taxation will revert back to the way they were pre the Court of Appeal Decision I.e.: That is in accordance with Order 99 29 (5) of the Rules of the Superior Courts 1986.

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