Spillane -v- Dorgan [2016] IECA 84 (14 March 2016)

Spillane -v- Dorgan [2016] IECA 84 (14 March 2016)

A solicitor's bill of costs that complies with the statutory requirements of s.68(6) of the Solicitors (Amendment) Act 1994 is sufficient to trigger the 12-month time limit under s.2 of the Attorneys and Solicitors (Ireland) Act 1849, regardless of whether it is in the seven-column format of O.99 r.29(5). The client's application for taxation was therefore time-barred, and the High Court erred in holding otherwise.

Citation
[2016] IECA 84
Parties
Appellant/defendant: Mary Dorgan; Respondent/plaintiff: Susan Spillane
Jurisdiction
Ireland
Judgment Date
14 March 2016
Procedural Posture
Appeal / Judgment on Appeal From High Court Order Referring Solicitor's Bill of Costs to Taxation and Awarding Costs to Plaintiff
Outcome
Appeal allowed; High Court order set aside.
Legal Topics
Taxation of Costs, Solicitor's Bill of Costs, Statutory Time Limits, Inherent Jurisdiction, Solicitors (amendment) Act 1994, Attorneys and Solicitors (ireland) Act 1849
Legal Costs Solicitor Client Law Civil Procedure Taxation of Costs Solicitor's Bill of Costs Statutory Time Limits Inherent Jurisdiction Solicitors (amendment) Act 1994 +1 more

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Parties

Mary Dorgan

Appellant/defendant

Susan Spillane

Respondent/plaintiff

Procedural Posture

Appeal / Judgment on Appeal From High Court Order Referring Solicitor's Bill of Costs to Taxation and Awarding Costs to Plaintiff

Legal Issues

  1. 1 When does the statutory time limit for a client to seek taxation of a solicitor's bill of costs under s. 2 of the Attorneys and Solicitors (Ireland) Act 1849 begin to run?
  2. 2 Is a bill of costs invalid for the purposes of s. 2 if it does not comply with the seven-column format of Order 99 r. 29(5) of the Rules of the Superior Courts?
  3. 3 Does the court's inherent jurisdiction to refer a bill to taxation arise in the circumstances of this case?

Ratio Decidendi

A solicitor's bill of costs that complies with the statutory requirements of s.68(6) of the Solicitors (Amendment) Act 1994 is sufficient to trigger the 12-month time limit under s.2 of the Attorneys and Solicitors (Ireland) Act 1849, regardless of whether it is in the seven-column format of O.99 r.29(5). The client's application for taxation was therefore time-barred, and the High Court erred in holding otherwise.

Court Disposition

Appeal allowed; High Court order set aside.

Orders

  • Order of the High Court referring the bill of costs to taxation is set aside.
  • Order awarding costs to Ms. Spillane is set aside.