This book provides a comprehensive overview of the practice and procedure before the Legal Costs Adjudicator and the Courts in relation to the assessment of costs. As every case that goes through the Courts will have a cost element, this book should be of interest to all practitioners involved in litigation. The up-to-date analysis of the recent changes brought about by the Legal Services Regulation Act 2015 and its focus on practice and procedure should make this book a valuable resource for practitioners.
Recent legislative developments have provided a modern framework for legal costs and legal costs adjudication. There are some novel features to this legislation (for instance: the basis for imposing liability for costs and the practice and procedure before the Legal Costs Adjudicator). There have also been interesting soundings in relation to access to justice and litigation funding. In this regard, developments in the United Kingdom since 1999 can provide a useful case study.
Both authors have extensive experience of practice and procedure in relation to costs disputes before the Taxing Master, the Legal Costs Adjudicator and the Courts, from both the plaintiff and defendant perspective. They have been instructed in many of the most important costs cases in recent times, including the seminal decision of the Supreme Court in Sheehan v Corr.
The book provides analysis of:
Legal Services Regulation Act, 2015
Order 99 of the Rules of the Superior Courts, as inserted by SI 584 of 2019 (Rules of the Superior Courts) Costs 2019
D.M.P.T. -v- Moran [2015] 3 IR 224
Sheehan v Corr [2017] IESC 44, [2017] 3 IR 252
Author Biography:
Derry Hand is a barrister. His previous publications include:
Articles
· “Barrister Fees and Section 150 Notices” Bar Review, Volume 24 Number 6, December 2019
Conference Papers
· Irish Rule of Law Commercial Law Conference 2017, “Legal Costs Update – Section 150 Notices and Payments on Account pending Taxation” by Derry Hand BL, presented by Denis McDonald SC
· Director of Public Prosecutions CPD Conference 2015 “Costs Applications in Criminal Trials”
· State Claims Agency CPD Conference 2015 “Taxation of Costs and Reviews by the High Court”
· Institute of Legal Costs Accountants CPD Conference 2017, “Advocacy and the Taxation of Costs Process”
· Drogheda Solicitors Association CPD Conference 2018, “Taxation of Costs”
Tipperary Solicitors Bar Association Practice Management CPD Conference, “Update on Adjudication of Costs in High Court and Circuit Court”
Alan Keating is a barrister. His previous publications include:
Articles
· The Waste Management (Amendment) Act 2001, Choosing Pragmatism Over Democracy? Irish Student Law Review 2001 p 122
· Liability for Negligently Inflicted Psychiatric Damage and The Aftermath Doctrine Irish Student Law Review 2002 p 141
· The Separation of Powers - The Supreme Courts Approach to Affirmative Duties – Part 1[2003] 21 ILT 103
· The Separation of Powers - The Supreme Courts Approach to Affirmative Duties – Part 2 [2003] 21 ILT 118
· Psychiatric Damage in the Aftermath of Fletcher Bar Review 2003 Vol 8 Issue 6 p 256
· Discriminating Tastes Law Society Gazette (2005) 99 (3) LSG 24
· Discriminatory Planning Conditions, The Case for Reform Law Society February 2005
· The “Polluter Pays” Principle in Domestic Law (cited extensively by Edwards J in E.P.A. -v- Neiphin Trading and Ors [2011] 2 IR 575 Dublin University Law Journal Vol 28, 2006, p 172
· Book Review: Educational Rights in Irish Law by Conor O’Mahony, Review by Alan Keating BL Dublin University Law Journal, 2008, Volume 30 at 439.
· Periodic Payment Orders and Structured Settlements Bar Review, Volume 8, Issue 5 November 2013
· Periodic Payment Orders, Bar Review, Volume 23, Issue 1 February 2018
· Back to the Future: PPOs and Hegarty v HSE, Bar Review, Volume 25, Number 2, April 2020
ICLSA
· Protection of the Environment Act 2003
Conference Papers
· Medical Negligence Litigation: An Assessment of Recent Developments University of Dublin Trinity College, Tort Law Conference 2011
· A review of professional negligence cases that have come before the Irish Courts in recent times. Professional Negligence Lawyers' Association An examination of some issues, themes and trends in the Irish legal context (October 2013-2017)
Dublin Solicitors’ Bar Association, Commercial Litigation Seminar,· 2016, Strategic Applications and Penalty Clauses· Medico-Legal Issues in Accident and Emergency Care, Causation in Accident and Emergency 13 October 2016
· Bar Council CPD Periodic Payment Orders, February 2018
Legal Services Regulation Act, 2015, Part 10, Annual Conference of the Institute of Legal Costs Accountants, 4 October 2019
