Dyar v Shaw [Supreme Court.]

• Jurisdiction: Ireland
• Judgment Date: 01 January 1939
• Date: 01 January 1939
• Court: Supreme Court

[S. C., E.],

Dyar

and

Shaw

Taxation - Counsel's fees -Circuit Court Rules, Or. XL, rr. 23, 28 - Amount recovered exceeding £100 - Proper fees for counsel to be allowed on taxation.

Plaintiff recovered judgment in the High Court for £132 10s. 0d. with costs. Not having applied for a certificate entitling him to High Court costs the costs were taxed as if the action had been litigated in the Circuit Court. One-third of the fees paid to counsel were disallowed by the Taxing Master. Plaintiff's objections to the Taxing Master's disallowances were overruled. On motion to the High Court to review the taxation so far as the items set out in the objections were concerned O'Byrne, J., refused the motion. Plaintiff appealed to the Supreme Court. Held, unanimously, by the Supreme Court, that the order of the High Court should be discharged and the bill of costs remitted to the Taxing Master with directions that the fees to...