Cloran v Lord Clancarty

• Jurisdiction: Ireland
• Judgment Date: 27 April 1861
• Date: 27 April 1861
• Court: Rolls Court (Ireland)

Rolls.

CLORAN

and

LORD CLANCARTY.

Collis v. stuart 6 Ir. Jur. 51.

Betts v. CliffordENR 1 J. & H. 74.

Pearce v. LindsayENR 1 Johns. 702.

CHANCERY REPORTS, BEING A SERIES OF CASES ARGUED AND DETERMINED IN THE HIGH COURT OF CHANCERY, COURT OF APPEAL IN CHANCERY, pits gout, faiat6 estates court, AND COURT OF BANKRUPTCY AND INSOLVENCY. CLORAN v. LORD CLANCARTY. 1861. Rolls. Jan. April 27. (In the Rolls.) Under spe petitioner, with costs; and under that decree the taxation took place cial circumÂÂstances, the between party and party. Court ordered the Master to The MASTER OE THE ROLLS having directed the Taxing-master allow the costs of a third to certify his reasons, Master Reilly gave the following certificate:- Counsel. " To the Right Honorable the Master of the Rolls. In taxation between party "Whereas, by an order of this Honorable Court, bearing date the and party, no fee to Counsel 22nd day of January 1861, it was referred to me to certify to the is allowed for settling the , Court, in relation to the several items of the bill of costs in the draft affidavit of the schedule to the notice of the 18th of January 1861 annexed :-By er, in reply petition- to the respondÂÂent's affidavit in answer. vox.. 13. 1 2 CHANCERY REPORTS. 1861. the order- of the 12th day of July 1860, it was declared' that the Rolls. petitioner is entitled to his costs of this matter against the respond CLORAN eat; ; and it was thereby referred to one of the Taxing-masters of V. CLANCARTY. this Court to tax the same, as between party and party. The Statement. following numbers in said schedule, namely, Nos. 100, 104, 130, 145, 146, 147, 186 and 189, are all composed of briefs and fees to a third Counsel. It is the settled practice, in taxation, not to allow more than two Counsel, that is, a Senior and Junior Counsel, in a cause petition matter, against the party, unless directed or intiÂÂmated by the order. This question has been frequently agitated ; but with the same result-that not more than two Counsel can be allowed, on taxation, in cause petition matters, against the party, unless so allowed by the Court. In the year 1854, this question was raised on an appeal from the taxation, by Master O'Dwyer, of the Costs of the respondent, in the matter of Sir Edward M'DonÂÂnell and another against the Midland Great Western Railway of Ireland Company; where the Master had allowed two briefs and fees for Counsel, on the hearing, and disallowed a third brief and fee there...