BC [A Minor] v Health Service Executive (Approved) [2026] IEHC 283 (01 May 2026)

BC [A Minor] v Health Service Executive (Approved) [2026] IEHC 283 (01 May 2026)

The HSE failed to establish that the CLCA erred in the amount of the allowance or disallowance such that the determination was unjust. The CLCA applied the statutory methodology, considered all relevant and applicable factors, and the allowances fell within a reasonable range. No manifest error or injustice was demonstrated to warrant judicial intervention under s.161(5) of the Legal Services Act 2015.

Citation
[2026] IEHC 283
Parties
Plaintiff/respondent: BC (A Minor) suing by his mother and next friend AC; Defendant/applicant: Health Service Executive
Jurisdiction
Ireland
Judgment Date
01 May 2026
Procedural Posture
High Court Costs Review (legal Costs Adjudication) / Application for Review of Chief Legal Costs Adjudicator's Determination Under S.161 Legal Services Act 2015
Outcome
Review refused; CLCA's determination confirmed.
Legal Topics
Legal Costs Adjudication, Solicitor's Instruction Fee, Brief Fees for Counsel, Review of Costs Determination, Medical Negligence Litigation
Civil Procedure Costs Law Medical Negligence Legal Costs Adjudication Solicitor's Instruction Fee Brief Fees for Counsel Review of Costs Determination Medical Negligence Litigation

Case Brief

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Parties

BC (A Minor) suing by his mother and next friend AC

Plaintiff/respondent

Health Service Executive

Defendant/applicant

Procedural Posture

High Court Costs Review (legal Costs Adjudication) / Application for Review of Chief Legal Costs Adjudicator's Determination Under S.161 Legal Services Act 2015

Legal Issues

  1. 1 Whether the Chief Legal Costs Adjudicator (CLCA) erred in the amount allowed for the Solicitor's Instruction Fee and brief fees for Senior and Junior Counsel
  2. 2 Whether any such error rendered the determination 'unjust' under s.161(5) of the Legal Services Act 2015

Ratio Decidendi

The HSE failed to establish that the CLCA erred in the amount of the allowance or disallowance such that the determination was unjust. The CLCA applied the statutory methodology, considered all relevant and applicable factors, and the allowances fell within a reasonable range. No manifest error or injustice was demonstrated to warrant judicial intervention under s.161(5) of the Legal Services Act 2015.

Court Disposition

Review refused; CLCA's determination confirmed.

Orders

  • The application for review under s.161 of the Legal Services Act 2015 is refused.
  • The determination of the Chief Legal Costs Adjudicator dated 2 October 2023 and the Consideration dated 5 November 2024 are confirmed.