Brehony v Longford Westmeath Farmers Mart Ltd [2019] IECA 60 (04 March 2019)

Brehony v Longford Westmeath Farmers Mart Ltd [2019] IECA 60 (04 March 2019)

The Taxing Master was not entitled to include as part of the instruction fee a sum for the solicitor's attendance on days when the case was not reached, as these are already provided for in Appendix W, Items 23 and 24, and no special circumstances justified an uplift. The High Court erred in holding otherwise.

Citation
[2019] IECA 60
Parties
Plaintiff/respondent: Michael Brehony; Defendant/appellant: Longford Westmeath Farmers Mart Limited
Jurisdiction
Ireland
Judgment Date
04 March 2019
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Taxation of Costs, Instruction Fee, Attendance Fee, Discretion of Taxing Master
Civil Procedure Costs Taxation of Costs Instruction Fee Attendance Fee Discretion of Taxing Master

Case Brief

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Parties

Michael Brehony

Plaintiff/respondent

Longford Westmeath Farmers Mart Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Taxing Master was entitled to include an additional attendance fee within the solicitor's instruction fee beyond what is provided for in Appendix W, Items 23 and 24 of the Rules of the Superior Courts.
  2. 2 Whether there were special circumstances justifying an uplift of the attendance fee.

Ratio Decidendi

The Taxing Master was not entitled to include as part of the instruction fee a sum for the solicitor's attendance on days when the case was not reached, as these are already provided for in Appendix W, Items 23 and 24, and no special circumstances justified an uplift. The High Court erred in holding otherwise.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the Taxing Master to reconsider the instruction fee without including any figure for the solicitor's attendance fee.