Dunne v O'Neill

JurisdictionIreland
CourtHigh Court
Judgment Date01 January 1975
Docket Number[1969. No. 928 P.]
Date01 January 1975
(H.C.)
Dunne
and
O'Neill

Review - Counsel's fees - Standard applicable by Taxing Master - Rules of the Superior Courts, 1962 (S.I. No. 72), Or.99, rr. 37 (22) (ii), 38 (4).

In ruling the claims made by a solicitor in a party-and-party bill of costs, the Taxing Master should exercise his discretion in a judicial manner and without any element of predetermination. In ruling the solicitor's claims for disbursements made in respect of counsel's fees, the Taxing Master should not base his decision upon his own personal assessment: he should allow or disallow the claims in accordance with the rules of court relating to party-and-party taxation which require that, in general, each item of the claim should be assessed by the Taxing Master on the basis of what a practising solicitor, being reasonably careful and...

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31 cases
  • State (Gallagher, Shatter & Company ) v De Valera (No 2)
    • Ireland
    • Supreme Court
    • 1 January 1991
    ...State (Richard F. Gallagher, Shatter & Co.) v. de Valera| Citations: RSC O.99 r15 RSC O.60 KELLY V BREEN 1978 ILRM 63 DUNNE V O'NEILL 1974 IR 180 ROBB V CONNOR 1875 IR 9 EQ 373 RSC O.99 r37(18) GALLAGHER SHATTER & CO V DE VALERA 1987 IR 67 GALLAGHER SHATTER & CO V DE VALERA 1986 ILRM 3 AT......
  • The Minister for Finance v Laurence Goodman, Goodman International and Subsidiary Companies (No. 2)
    • Ireland
    • High Court
    • 8 October 1999
    ...in force, that the court was only entitled to intervene where the Taxing Master had proceeded upon a wrong principle. Dunne v. O'NeillIR [1974] I.R. 180, Kelly v. BreenDLRM [1978] ILRM 63 and The State (Gallagher Shatter & Co.) v. de ValeraIR [1991] 2 I.R. 198 considered. 2. That in the cas......
  • Boyne v Dublin Bus/Bus Atha Cliath and Another
    • Ireland
    • High Court
    • 14 June 2006
    ...particularly with regard to counsels" fees, no longer exist and that some principles, expressed in cases such as Dunne v. O'Neill [1974] I.R. 180 and Kelly v. Breen [1978] I.L.R.M. 63, in relation to counsels" fees are no longer determinative, but merely factors to be taken into account. ......
  • Environmental Protection Agency v Neiphin Trading Ltd & Others
    • Ireland
    • High Court
    • 3 March 2011
    ...& ORS UNREP CLARKE 8.2.2006 2006/58/12369 2006 IEHC 265 IRISH TRUST BANK LTD v CENTRAL BANK OF IRELAND 1976-7 ILRM 50 DUNNE v O'NEILL 1974 IR 180 1975 109 ILTR 101 WASTE MANAGEMENT (LANDFILL LEVY) ORDER 2010 SI 13/2010 ART 2 WASTE MANAGEMENT (LANDFILL LEVY) ORDER 2010 SI 13/2010 ART 3 WAS......
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