Ryan & ors -v- Ryan & anor [2014] IEHC 684 (18 November 2014)

Ryan & ors -v- Ryan & anor [2014] IEHC 684 (18 November 2014)

The court measured and reduced the receiver’s and solicitors’ fees, applying a 25% reduction to the receiver’s professional fees and making specific deductions for disallowed or excessive legal fees, to ensure that the costs were proportionate to the value of the partnership assets and that only reasonable and necessary fees were allowed.

Citation
[2014] IEHC 684
Parties
Plaintiff: Declan Ryan; Plaintiff: Marie McGovern; Plaintiff: Martin Ryan; Plaintiff: Irene Ryan; Defendant: Oran Ryan; Defendant: Trinette Larkin
Jurisdiction
Ireland
Judgment Date
18 November 2014
Procedural Posture
Commercial Partnership Dispute / Post Judgment Motion for Approval and Measurement of Receiver and Legal Fees
Outcome
Receiver’s and solicitors’ fees measured and reduced; specific sums allowed and ordered to be paid; credits and deductions applied for disallowed or previously paid fees.
Legal Topics
Receivership Fees, Legal Costs Measurement, Partnership Asset Management
Commercial Law Partnership Law Insolvency Receivership Fees Legal Costs Measurement Partnership Asset Management

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Parties

Declan Ryan

Plaintiff

Marie McGovern

Plaintiff

Martin Ryan

Plaintiff

Irene Ryan

Plaintiff

Oran Ryan

Defendant

Trinette Larkin

Defendant

Procedural Posture

Commercial Partnership Dispute / Post Judgment Motion for Approval and Measurement of Receiver and Legal Fees

Legal Issues

  1. 1 What is the appropriate amount of professional and legal fees payable to the receiver and his solicitors in the management and winding up of the partnership assets?
  2. 2 Should certain fees relating to ancillary proceedings be allowed or disallowed?
  3. 3 What credits and deductions are due to the partnership in respect of disallowed or previously paid fees?

Ratio Decidendi

The court measured and reduced the receiver’s and solicitors’ fees, applying a 25% reduction to the receiver’s professional fees and making specific deductions for disallowed or excessive legal fees, to ensure that the costs were proportionate to the value of the partnership assets and that only reasonable and necessary fees were allowed.

Court Disposition

Receiver’s and solicitors’ fees measured and reduced; specific sums allowed and ordered to be paid; credits and deductions applied for disallowed or previously paid fees.

Orders

  • Receiver’s professional fee allowed at €135,587 (including VAT and outlay) after 25% reduction.
  • Additional receiver’s fees allowed at €10,494 and €5,074 for earlier and completion claims, respectively.