IELCA 11 - O'Regan -v- Aftab & Health Service Executive Objections

• Year: 2015
• Decision Date: 20 May 2011

[2015] IELCA11

THE HIGH COURT Record Number: 2009/3931 P

BETWEEN/JAMES O’REGANPLAINTIFF

AND

FAUD AFTAB AND THE HEALTH SERVICE EXECUTIVE

DEFENDANTS

RULING ON OBJECTIONS

SOLICITOR’S GENERAL INSTRUCTION FEE

ORDER

The Bill of Costs was taxed on 16 May 2014pursuant to an Order of the High Court made

on the 20thday of May 2011 wherein it was ordered:

“By consent it was ordered that the Plaintiff’s costs, to include reserved costs and costs of

discovery, be taxed and that the Second Named Defendant do pay the said costs when

taxed and ascertained and that the action be struck out of the list.”

TAXATION

On 16 May 2014 I delivered a Ruling on the Solicitor’s General Instruction fee and I taxed

the Bill of Costs on that date. The background events leading up to the proceedings, the

issues in the proceedings and the taxation process are addressed in the Ruling delivered

on that date.

The sum of €175,000 was claimed by the Solicitor for the Costs in respect of the Solicitors

General Instruction fee which is listed at item number 182 in the Bill of Costs. The sum of

€55,100 was allowed on taxation in respect of the Solicitor’s General Instruction fee.

OBJECTION

The Solicitor for the Costs, Mr Denis O’Sullivan, brought in an Objection to the

disallowance in part of the Solicitor’s General Instruction fee on 30 May 2014 on the

grounds that the Instructions fee of €55,100 allowed by the Taxing Master:

(a) is inadequate and unjust and is against the evidence adduced before the Taxing

Master;

(b) failed to reflect the nature and extent of the work done and required to be done to

bring the case to a successful conclusion, the expertise of the solicitor, the complexity of

the case, and its importance to the plaintiff;

(c)failed to have due regard to the time and labour expended by the solicitor.

No Objection was brought in on behalf of the Second Named Defendant paying party.

SUBMISSIONS

Written submissions in support of the Solicitor for the Costs’ Objection dated 28 November

2014 were lodged by the Solicitor on 1 December 2014 and written submissions in reply

were lodged on behalf of the Defendant paying party on 12 January 2015.

Written Submissions by the Solicitor for the Costs

The Solicitor referred to passages in the transcript of the taxation proceedings to support

the grounds on which the Objection had been brought in by him namely:

(i) pages 4 to 9 which dealt with the backgroundto the proceedings, the issues in the case

and the difficulties;