Sheehan -v- Corr [2016] IECA 168 (10 June 2016)

Sheehan -v- Corr [2016] IECA 168 (10 June 2016)

The Taxing Master erred in failing to require a Bill of Costs in the correct format, failed to properly assess time and labour expended, and refused to accept reconstructed time records, resulting in an unjust decision under s.27(3) of the Courts and Court Officers Act 1995. The High Court erred in not finding these failures resulted in injustice. The appeal is allowed and the Taxing Master's decision is set aside.

Citation
[2016] IECA 168
Parties
Plaintiff/appellant: Isabelle Sheehan (an infant suing by her mother and next friend, Catherine Sheehan); Defendant/respondent: David Corr
Jurisdiction
Ireland
Judgment Date
10 June 2016
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed; Taxing Master's decision set aside
Legal Topics
Taxation of Costs, Solicitor's Instruction Fee, Assessment of Damages, Review of Taxing Master Decision
Civil Procedure Medical Negligence Costs Taxation of Costs Solicitor's Instruction Fee Assessment of Damages Review of Taxing Master Decision

Case Brief

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Parties

Isabelle Sheehan (an infant suing by her mother and next friend, Catherine Sheehan)

Plaintiff/appellant

David Corr

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Taxing Master erred in assessing the solicitor's instruction fee without proper regard to time and labour expended
  2. 2 Whether the Bill of Costs complied with the Rules of the Superior Courts
  3. 3 Whether the High Court erred in upholding the Taxing Master's methodology

Ratio Decidendi

The Taxing Master erred in failing to require a Bill of Costs in the correct format, failed to properly assess time and labour expended, and refused to accept reconstructed time records, resulting in an unjust decision under s.27(3) of the Courts and Court Officers Act 1995. The High Court erred in not finding these failures resulted in injustice. The appeal is allowed and the Taxing Master's decision is set aside.

Court Disposition

appeal allowed; Taxing Master's decision set aside

Orders

  • Taxing Master's decision on solicitor's instruction fee set aside
  • Matter remitted for proper assessment in accordance with correct methodology