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 by insufficiently appreciating the importance and complexity of the case in fixing Senior Counsel's brief fee in the High Court, rendering the allowance unjust; the fee should be increased to £21,000. All other taxed items were within a reasonable range and not unjust.

Citation
[1999] IEHC 260
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
Legal Topics
Taxation of Costs, Solicitor's Instruction Fee, Counsel's Brief Fee, Discrimination Under Treaty of Rome, Invalidity of Regulation
Civil Procedure Costs Discrimination European Law Taxation of Costs Solicitor's Instruction Fee Counsel's Brief Fee Discrimination Under Treaty of Rome +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

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's allowances for instruction and brief fees were unjust
  2. 2 Appropriate criteria for assessing solicitor's instruction fee and counsel's brief fee
  3. 3 Impact of barrister performing solicitor's work on fee allocation

Ratio Decidendi

The Taxing Master erred by insufficiently appreciating the importance and complexity of the case in fixing Senior Counsel's brief fee in the High Court, rendering the allowance unjust; the fee should be increased to £21,000. All other taxed items were within a reasonable range and not unjust.

Court Disposition

Appeal allowed in part

Orders

  • Senior Counsel's brief fee in High Court increased to £21,000
  • Taxing Master's determinations affirmed in all other respects