Dunne v O'Neill

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1975
• Docket Number: [1969. No. 928 P.]
• Date: 01 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...