B.C.McM v J.McM & anor [2014] IEHC 688 (30 April 2014)

B.C.McM v J.McM & anor [2014] IEHC 688 (30 April 2014)

The respondent is jointly and severally liable for 50% of the section 47 assessor's fees as previously ordered. The court measured the fees due to the notice party by reducing the hours claimed for report writing and correspondence, applying fair and reasonable standards, and deducting 147 hours from the total claimed, resulting in a reduction of €22,050 from the total fees sought.

Citation
[2014] IEHC 688
Parties
Applicant: B. C. McM.; Respondent: J. McM.; Notice Party: B. S.
Jurisdiction
Ireland
Judgment Date
30 April 2014
Procedural Posture
Circuit Appeal Family Law / Costs Measurement Following Judicial Separation and Family Law Proceedings
Outcome
Fees measured and reduced; respondent held liable for 50% of the reduced amount as previously ordered.
Legal Topics
Judicial Separation, Section 47 Reports, Expert Witness Fees, Costs Measurement
Family Law Judicial Separation Section 47 Reports Expert Witness Fees Costs Measurement

Case Brief

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Parties

B. C. McM.

Applicant

J. McM.

Respondent

B. S.

Notice Party

Procedural Posture

Circuit Appeal Family Law / Costs Measurement Following Judicial Separation and Family Law Proceedings

Legal Issues

  1. 1 Whether the respondent is liable for 50% of the section 47 assessor's fees
  2. 2 What is the fair and reasonable amount payable to the section 47 assessor for reports and court attendances

Ratio Decidendi

The respondent is jointly and severally liable for 50% of the section 47 assessor's fees as previously ordered. The court measured the fees due to the notice party by reducing the hours claimed for report writing and correspondence, applying fair and reasonable standards, and deducting 147 hours from the total claimed, resulting in a reduction of €22,050 from the total fees sought.

Court Disposition

Fees measured and reduced; respondent held liable for 50% of the reduced amount as previously ordered.

Orders

  • Total fees due to the notice party reduced by 147 hours, amounting to a reduction of €22,050.
  • Applicant and respondent remain jointly and severally liable for 50% each of the reduced fees.