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GAZETTE
A
PRIL
1990
It seems to me that the fact that
Lloyds agreed to pay the costs is
something which is not particularly
unusual - it occurs regularly in
cases where a party to litigation is
entitled to be indemnified in relation
to costs by an insurance company
- it does not prevent the person
entitled to the indemnity from
recovering costs from the other
side.
Also, there is another matter of
practical importance in this. When
this case was stated and appealed
and even before that when the
assessment to Value Added Tax by
the Revenue Commissioners was
being disputed, it was clearly of
very considerable interest to Lloyds
and to Bradleys to get a favourable
finding in the matter and obviously
it seems to me that Bradleys would
not have been inclined to do any-
thing in connection with that
litigation which would prejudice
Lloyds. In those circumstances, it
is very difficult for me to imply an
agreement of such a nature which
would prevent Bradleys from
recovering their costs from the
other side. It is very difficult to
imagine that any capable and
competent solicitor would enter
into an agreement which would
quite clearly be so prejudicial to his
client.
The Revenue are asking me to do
that. I do not think that any sens-
ible and competent solicitor would
enter into an agreement of that
kind. But that is merely a subsidiary
reason. My main reason is that the
agreement by Lloyds to pay the
costs is not sufficient to exclude
the
prima facie
liability, which every
client has, to pay the solicitor who
acted for him in the litigation, and
it is for that reason principally I
must find that in my opinion the
Taxing Master was incorrect in
coming to the conclusion he did
and I consider that the matter
should go back to him to have the
original notice of objections by
Bradleys adjudicated upon.
Eamon Quinn BL for the Revenue;
Denis McDonald BL for W. G.
Bradley & Sons.
DENIS MCDONALD
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