Dawson v. Irish Brokers Association [2002] IESC 36 (8 May 2002)

Dawson v. Irish Brokers Association [2002] IESC 36 (8 May 2002)

Lay litigants are not entitled to recover costs for preparatory work at the same rate as solicitors, nor can they recover fees for advice from solicitors not on record, as only legal costs measurable by the court are recoverable and the law has not been altered by statute.

Citation
[2002] IESC 36
Parties
Plaintiff: Plaintiffs (insurance brokers); Defendant: Defendants
Jurisdiction
Ireland
Judgment Date
08 May 2002
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order on Review of Taxation of Costs
Outcome
appeal dismissed
Legal Topics
Costs Recovery, Lay Litigants, Taxation of Costs, Solicitor's Fees, Constitutional Right of Access to Courts
Civil Procedure Costs Law Costs Recovery Lay Litigants Taxation of Costs Solicitor's Fees Constitutional Right of Access to Courts

Case Brief

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Parties

Plaintiffs (insurance brokers)

Plaintiff

Defendants

Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order on Review of Taxation of Costs

Legal Issues

  1. 1 Whether lay litigants are entitled to recover costs for preparatory work at the same rate as solicitors
  2. 2 Whether lay litigants can recover fees for advice from solicitors not on record

Ratio Decidendi

Lay litigants are not entitled to recover costs for preparatory work at the same rate as solicitors, nor can they recover fees for advice from solicitors not on record, as only legal costs measurable by the court are recoverable and the law has not been altered by statute.

Court Disposition

appeal dismissed

Orders

  • Order of the High Court affirmed