Smyth v. Tunney [1998] IEHC 94; [1999] 1 ILRM 211 (12th June, 1998)

Smyth v. Tunney [1998] IEHC 94; [1999] 1 ILRM 211 (12th June, 1998)

The Taxing Master erred in failing to apportion affidavit and attendance costs, in disallowing a second Senior Counsel given the exceptional importance of the motion, and in disallowing fees for written submissions specifically ordered by the Supreme Court. However, the amounts claimed for Counsel's and solicitor's fees were excessive and should be moderated to reasonable levels.

Citation
[1998] IEHC 94
Parties
Plaintiff: Plaintiffs; Defendant: First and Second Named Defendants
Jurisdiction
Ireland
Procedural Posture
Motion for Review of Taxation of Costs / High Court Review of Taxing Master's Decision
Outcome
Taxing Master's decision varied; certain items allowed or increased, others moderated.
Legal Topics
Taxation of Costs, Review of Taxing Master's Decision, Apportionment of Costs, Counsel's Fees, Solicitor's Fees
Civil Procedure Costs Taxation of Costs Review of Taxing Master's Decision Apportionment of Costs Counsel's Fees Solicitor's Fees

Case Brief

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Parties

Plaintiffs

Plaintiff

First and Second Named Defendants

Defendant

Procedural Posture

Motion for Review of Taxation of Costs / High Court Review of Taxing Master's Decision

Legal Issues

  1. 1 Whether the Taxing Master erred in the taxation of costs awarded for a Supreme Court motion to adduce additional evidence
  2. 2 Whether apportionment of affidavit costs was required
  3. 3 Whether two Senior Counsel should be allowed on the motion

Ratio Decidendi

The Taxing Master erred in failing to apportion affidavit and attendance costs, in disallowing a second Senior Counsel given the exceptional importance of the motion, and in disallowing fees for written submissions specifically ordered by the Supreme Court. However, the amounts claimed for Counsel's and solicitor's fees were excessive and should be moderated to reasonable levels.

Court Disposition

Taxing Master's decision varied; certain items allowed or increased, others moderated.

Orders

  • 75% of the costs claimed for Mr. O'Doherty's affidavit and attendance fee allowed.
  • Fees for two Senior Counsel allowed at £5,000 each; Junior Counsel's fee adjusted accordingly.