THE REDUCTION in fees ruled on by Taxing Master Charles Moran recently is exceptional in its scale, according to individuals with knowledge of such matters.
Of the total of €2,143,546.40 claimed, the master deducted fees totalling €1,750,074, or 82 per cent of the amount sought.
The case involved plaintiff Declan O’Brien, a meat factory worker. The defendant was the Personal Injuries Assessment Board (PIAB).
The costs being taxed were those of Mr O’Brien’s legal team, whose costs were to be paid by the PIAB, which had lost the case.
Mr Moran, in his ruling, said “party-and-party costs” should indemnify a successful litigant in respect of the reasonable expenses to which he or she has been put in order to attain justice.
He said the costs in the case before him were “to put it simply devoid of all reality, bear no relationship to the issues involved or the nature or extent of the work undertaken or fees allowed in cases where a similar amount of work was required.
“These costs are revolting in the extreme.”
He said that despite the “excellent efforts” of the representative of Connolly Lowe, legal costs accountants for Mr O’Brien’s side, to make a case for the costs as marked, the exercise had “failed dismally”.
“The reality is that no case can or could be made to support these fees or justify their level.”
The Taxing Master said having regard to the submissions made by Connolly Lowe and, for the PIAB, Behan & Associates, and that having examined the applicant’s solicitor’s full file and papers, and “taking into account the importance, novelty and uniqueness of the application itself, I can still find no justification for the level of fees claimed.”
Mr Moran’s ruling is being appealed. He will hear the appeal and, if the matter is taken further, it will go to the High Court.
The Taxing Master said he had often indicated his belief that it was unfair that the paying party has to pay court duty no matter what the result of a taxation. If he had the discretion he would direct that the applicant would discharge the court fees in the case before him. “I am outraged at the level of fees marked,” he said.
Denis Boland of Patrick V Boland did not want to comment when contacted yesterday.
Attempts to contact Paul Gardiner SC or Harry Whelehan SC, who is now retired, were unsuccessful as was the attempt to contact Cormac McNamara BL.
When contacted Dan Boland BL said he had not known the Taxing Master’s ruling was out.
“I can’t remember what my fees were. They were based to a degree on what the SC marked,” he said.
The Law Society was an “amicus curiae” or friend of the court in the case taken by Mr O’Brien, a factory worker who sought compensation following an injury. It had its own legal team.
At the heart of the case was the attempt by the then newly established PIAB to deal directly with Mr O’Brien, rather than through his solicitor.
Mr O’Brien, a boner, had suffered an injury when an overhead line carrying carcasses collapsed, as a result of which he suffered blows to his back and elsewhere.
His injuries affected his ability to work and in 2004 he visited solicitor Denis Boland, of PV Boland, Co Kildare.
However after Mr Boland contacted the PIAB on his client’s behalf, Mr O’Brien was contacted by a representative of the board, who told him he did not need a solicitor and that all he needed to do was send in a medical report.
In time the High Court and the Supreme Court ruled that Mr O’Brien had a right to be represented through a solicitor if he chose to be so represented.
The PIAB was not entitled to pursue a policy of dealing directly with clients rather than going through their solicitors.
However it was entitled to send copy correspondence to a client when dealing with his or her solicitor, the Supreme Court ruled.
SOLICITOR'S INSTRUCTION FEES AND BARRISTERS' BRIEF FEES
HIGH COURT
Patrick V Boland Son.
Sought €925,000. Granted €86,000.
Harold Whelehan SC
Sought €110,000. Granted €25,000
Paul Gardiner SC
Sought €110,000. Granted €25,000
Dan Boland BL
Sought €75,000. Granted €16,670
Cormac McNamara BL
Sought €75,000. Granted €0.
Global figure
Sought €1,675,388.60
Granted €246,192.60.
The global figure includes court fees of €14,000 and the amount granted constitutes 14 per cent of the amount claimed.
SUPREME COURT
Patrick V Boland Son
Sought €100,000. Granted €46,000
Paul Gardiner SC
Sought €110,000. Granted €30,000
Cormac McNamara
Sought €75,000.
Granted €20,000
Global figure
Sought €468,157.84
Granted €169,693.35
The global figure includes court fees and the amount granted constitutes approximately 36 per cent of the amount claimed.