Lavan v Walsh (No. 2)

Judgment Date23 October 1967
Date23 October 1967
CourtHigh Court
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...

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12 cases
  • The Minister for Finance v Laurence Goodman, Goodman International and Subsidiary Companies (No. 2)
    • Ireland
    • High Court
    • 8 October 1999
    ...v. Hoey (Unreported, High Court, Butler J., 2nd December, 1973). In re Kevin J. Walshe (1962) 96 I.L.T.R. 173. Lavan v. Walsh (No. 2) [1967] I.R. 129. M. & J. Gleeson v. Competition Authority [1999] 1 I.L.R.M. 401. Minister for Finance v. Flynn (Unreported, High Court, Carroll J., 9th Febru......
  • Costello v DPP
    • Ireland
    • High Court
    • 3 December 1985
    ...& Co. FOR THE DEFENDANTS:- 10Brian Dempsey S.C. instructed by the Chief State Solicitor AUTHORITIES CITED:- 11Lavan -v- Walsh (No. 2) (1967) I.R. 129: 12Dunne -v- O'Neill (1974) I.R. 13Irish Trust Bank Limited -v- The Central Bank of Ireland (Parke J. 12thMarch, 1976). 14Kelly -v- Breen (Ha......
  • Minister for Finance v Goodman (& Others)
    • Ireland
    • High Court
    • 8 October 1999
    ...of authority has emerged as to the proper approach to be adopted by this Court in applying those provisions. In Lavan -v- Walsh (No.2) [1967] IR. 129, Kenny J. compared rule 38(3) of Order 99 as contained in the 1962 Rules with the corresponding provisions which had been in force since 1893......
  • Kelly v Breen
    • Ireland
    • High Court
    • 4 April 1978
    ...payable to a solicitor even where the Taxing Master has not (as in this case) proceeded on any incorrect principles. Lavan v. WalshIR [1967] I.R. 129; Dunne v. O'NeillIR [1974] I.R. 180 approved and applied. 5. Despite the fact that the Taxing Master in deciding the proper instruction fee p......
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