Derry Hand, Alan Keating

ISBN13: 9781526520777
To be Published: 04/25
Publisher: Bloomsbury Professional (Ireland)
Format: Hardback

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
Subjects:
Irish Law
Contents:
1. Introduction
2. Liability for legal costs
- the Court's Power to Award Costs
3. The Office of the Legal Costs Adjudicator
4. Practice and Procedure before the Legal Costs Adjudicator
5. Legal Practitioner and Own Client Costs
- Fee agreements
- Obligations on Legal Practitioners to provide information to clients in relation to costs
- Adjudication of Legal Practitioner and Own Client Costs
6. Party and Party Adjudication
7. Solicitors Costs
8. Counsels Costs
9. Witness Costs
10. High Court Review of Adjudication
11. Costs in the Circuit Court and District Court
12. The Recovery of Legal Costs
- Proceedings to recover legal costs
- Charging orders pursuant to Section 3 of the Legal Practitioner Ireland Act 1876
13. Access to Justice and Litigation Funding