Attorney General v Simpson (No. 3)

• Jurisdiction: Ireland
• Judgment Date: 01 January 1964
• Docket Number: (No. 3).
• Date: 01 January 1964
• Court: Supreme Court

(S.C.)

Attorney-General

and

Simpson (No. 3)

Counsels' fees - Criminal charge - Case stated - Importance of case to defendant and to public - Case stated raising question of privilege of police witnesses - Factors to be considered by Taxing Master.

S. was charged with certain criminal offences in connection with the production of a play. During the course of the preliminary investigation in the District Court some of the police witnesses claimed privilege for certain written reports made by them and instructions received by them. This was challenged by the defence and the District Justice stated a case for the High Court at the request of the Attorney-General. The High Court decided this issue in favour of the Attorney-General and ruled that the documents were privileged. On appeal to the Supreme Court it was held that the District Justice had no jurisdiction to grant the case stated and the order of the High Court was accordingly reversed and costs were awarded to the defendant. The amounts claimed in the defendant's bill of costs for senior counsel's fee was 100 gns. on the brief and 40 gns. as refresher and the fees of junior counsel were in proportion. The Taxing Masteronly allowed 40 gns. to senior counsel on the brief and 25 gns. as refresher, with the appropriate fees to junior counsel, and in doing so he stated that he had regard to the importance of the case to the defendant and to the fact that the substantive point of law argued...