Courts and Court Officers Act, 1995
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PART VI Taxing Master of High Court | ||
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Additional powers of Taxing Master of High Court. |
27.—(1) On a taxation of costs as between party and party by a Taxing Master of the High Court, or by a County Registrar exercising the powers of a Taxing Master of the High Court, or on a taxation of costs as between solicitor and client by a Taxing Master of the High Court, the Taxing Master (or County Registrar as the case may be) shall have power on such taxation to examine the nature and extent of any work done, or services rendered or provided by counsel (whether senior or junior), or by a solicitor, or by an expert witness appearing in a case or any expert engaged by a party, and may tax, assess and determine the value of such work done or service rendered or provided in connection with the measurement, allowance or disallowance of any costs, charges, fees or expenses included in a bill of costs. | |
(2) On a taxation of costs as between party and party by a Taxing Master of the High Court, or by a County Registrar exercising the powers of a Taxing Master of the High Court, or on a taxation of costs as between solicitor and client by a Taxing Master of the High Court, the Taxing Master (or County Registrar as the case may be) shall have power on such taxation to allow in whole or in part, any costs, charges, fees or expenses included in a bill of costs in respect of counsel (whether senior or junior) or in respect of a solicitor or an expert witness appearing in a case, or any expert engaged by a party as the Taxing Master (or County Registrar as the case may be) considers in his or her discretion to be fair and reasonable in the circumstances of the case, and the Taxing Master shall have power in the exercise of that discretion to disallow any such costs, charges, fees or expenses in whole or in part. | ||
(3) The High Court may review a decision of a Taxing Master of the High Court and the Circuit Court may review a decision of a County Registrar exercising the powers of a Taxing Master of the High Court made in the exercise of his or her powers under this section, to allow or disallow any costs, charges, fees or expenses provided only that the High Court is satisfied that the Taxing Master, or the Circuit Court is satisfied that the County Registrar, has erred as to the amount of the allowance or disallowance so that the decision of the Taxing Master or the County Registrar is unjust. | ||
(4) No standby or retainer fee shall be payable to any solicitor, counsel (whether senior or junior) or to any witness whether professional or otherwise, on a taxation of costs as between party and party, nor on a taxation of a solicitor and client bill of costs where the Taxing Master (or County Registrar as the case may be) deems the payment of such fee to be unreasonable in the circumstances of the case. | ||
(5) On a taxation of costs as between solicitor and client it shall not be necessary to produce vouchers or receipts for the payment of any disbursements (including counsel's fees), but on the completion of the taxation no Certificate of Taxation shall issue until proper vouchers or receipts for disbursements have first been produced and vouched, and accepted by the Taxing Master or unless the parties agree or the Taxing Master decides that proper vouchers or receipts for disbursements need not be provided. | ||
(6) Without prejudice to the provisions of Order 99, rule 29 (12) and (14) of the Rules of the Superior Courts, 1986, or without prejudice to any enactment regulating the charging of fees payable in the Taxing Master's Office on the taking up of a certificate of taxation, on the taxation of a bill of costs (whether on a solicitor and client or party and party basis) no solicitor or legal cost accountant or other cost drawer shall be entitled to any fees, disbursements, charges or expenses in relation to the taxation of costs as against the opposing party, but save as against the party who incurred such fees, disbursements, charges or expenses. | ||
(7) On a review of taxation (whether on a solicitor and client or party and party basis) by the High Court, or the Circuit Court, no solicitor or legal costs accountant or other costs drawer retained to present the bill of costs to the Taxing Master or a County Registrar shall be entitled to be paid any fees, disbursements, charges or expenses for his or her attendance in court to give evidence in relation to the bill of costs, save as against the party who incurred such fees, disbursements, charges or expenses. | ||
(8) The Taxing Master (or County Registrar as the case may be) may, at the request of the parties involved in any taxation of costs, tax part of a bill of costs where that part of the bill of costs only is in dispute including any item or items of cost which are in dispute between the parties. | ||
(9) Where a Taxing Master (or County Registrar as the case may be) undertakes a partial taxation of costs under subsection (8) of this section the Taxing Master (or County Registrar as the case may be) shall be empowered to request any party to the taxation to provide such information or further information as the Taxing Master (or County Registrar as the case may be) may require in connection with the taxation, and to submit any documents or papers relating to the cause or matter that are in the possession of any such party, to him or her for consideration in connection with the taxation. | ||
(10) Where part of a bill of costs has been taxed, the costs of taxation, including any duty payable, shall be based on such item or items in the bill of costs as were taxed. | ||
(11) Legal costs arising from formal investigations under section 466 of the Merchant Shipping Act, 1894 , may be taxed by the Taxing Master of the High Court (or County Registrar as the case may be). |