Byrne v McMahon

• Jurisdiction: Ireland
• Judgment Date: 01 January 1947
• Date: 01 January 1947
• Court: High Court

(H.C.),

Byrne

and

McMahon

Taxation - Motion to review - High Court action - Damages assessed at £150 - Whether two senior counsel should be allowed - Scale of costs applicable - Courts of Justice Act, 1936 (No. 48 of 1936) s. 12, sub-s. 1 (a) - Circuit Court Rules, Or. XL, rr. 23, 28; Appendix to Third Schedule.

B. sued in the High Court for personal injuries received through a road accident. He briefed two senior counsel and one junior counsel. The jury found in his favour and assessed damages at £150, and judgment was entered for that amount and costs. At the time of judgment he did not apply for a certificate under s. 12, sub-s. 1 (a) of the Courts of Justice Act, 1936. On taxation the Taxing Master having heard the objections of the defendant's solicitor allowed the plaintiff thecosts of two senior counsel at two-thirds of the High Court scale. Held, on motion to review taxation (1) The Taxing Master in taxing the costs of a successful party to whom costs had been awarded must be guided by (a) the judgment of the Court by which the costs were awarded, (b) the appropriate Rules of the Circuit Court; (c) the appropriate Circuit Court scale; (d) the practice of the Circuit Court. (2) The matter must be remitted to the Taxing Master with a direction that he should allow such fees for one junior and one senior...