Bloomer v. Incorporated Law Society of Ireland (No.2) [1999] IEHC 260; [2000] 1 IR 383 (3rd December, 1999)

Bloomer v. Incorporated Law Society of Ireland (No.2) [1999] IEHC 260; [2000] 1 IR 383 (3rd December, 1999)

The Taxing Master erred in failing to adequately appreciate the importance and complexity of the case in assessing Senior Counsel's brief fee in the High Court, rendering the fee allowed unjust. The appropriate brief fee for Senior Counsel in the High Court is £21,000. In all other respects, the Taxing Master's assessment was within a reasonable range and not unjust.

Citation
[2000] 1 IR 383
Parties
Plaintiffs: Bloomer and Others; Defendants: The Incorporated Law Society of Ireland and Others
Jurisdiction
Ireland
Procedural Posture
Appeal From Taxation of Costs / High Court Review of Taxing Master's Decision
Outcome
Appeal allowed in part; Senior Counsel's brief fee in the High Court increased to £21,000; all other items affirmed.
Legal Topics
Taxation of Costs, Solicitor's Instruction Fee, Counsel's Brief Fee, Discrimination in Professional Admission, Interpretation of Treaty of Rome, Judicial Review of Taxing Master
Civil Procedure Legal Profession Discrimination Law European Union Law Taxation of Costs Solicitor's Instruction Fee Counsel's Brief Fee Discrimination in Professional Admission +2 more

Case Brief

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Parties

Bloomer and Others

Plaintiffs

The Incorporated Law Society of Ireland and Others

Defendants

Procedural Posture

Appeal From Taxation of Costs / High Court Review of Taxing Master's Decision

Legal Issues

  1. 1 Whether the Taxing Master erred in the assessment of the solicitor's instruction fee and counsel's fees
  2. 2 Whether the Taxing Master's decision was unjust under Section 27(3) of the Courts and Court Officers Act, 1995
  3. 3 Whether work done by counsel that would ordinarily be done by a solicitor should affect the fees allowed

Ratio Decidendi

The Taxing Master erred in failing to adequately appreciate the importance and complexity of the case in assessing Senior Counsel's brief fee in the High Court, rendering the fee allowed unjust. The appropriate brief fee for Senior Counsel in the High Court is £21,000. In all other respects, the Taxing Master's assessment was within a reasonable range and not unjust.

Court Disposition

Appeal allowed in part; Senior Counsel's brief fee in the High Court increased to £21,000; all other items affirmed.

Orders

  • Senior Counsel's brief fee in the High Court set at £21,000 in substitution for £12,600 fixed by the Taxing Master.
  • All other aspects of the Taxing Master's taxation affirmed.