Lavan v Walsh (No. 2)

• Jurisdiction: Ireland
• Judgment Date: 23 October 1967
• Date: 23 October 1967
• Court: High Court

(H.C.)

Lavan

and

Walsh (No. 2)

Review of taxation - Quantum of counsel's fees - Rules of the Superior Courts, 1962, O. 99, rr. 11, 12, 37, 38.

On a taxation of a bill of costs, between a solicitor and his client, the Taxing Master reduced the amounts of certain items claimed by the solicitor for counsel's fees. The solicitor's objection to the reductions were disallowed by the Taxing Master and the solicitor then applied to the High Court for an order to review the taxation of such items. It was not contended that the incurring of charges for counsel's fees was unreasonable. Held by Kenny J.; 1. That the High Court had power, under O. 99, r. 38, of the Rules of the Superior Courts, 1962, to consider and review the amounts of items allowed by a Taxing Master on a taxation of a bill of costs between party and party or between solicitor and his own client, although it had not been shown that the Taxing Master had erred in principle. Allison v. Jenkins [1907] 1 I.R. 422, 434, Irish Independent Newspapers Ltd. v. Irish Press Ltd.IR[1939] I.R. 371; and Attorney-General v. SimpsonIRUNK[1963] I.R. 329, distinguished. 2. That the effect of O. 99, r. 12 of such Rules is that, where the incurring and the amounts of the costs were not expressly or impliedly approved by the...