The Gazette 1994

388 / 432

GAZETTE AUGUST/SEPTEMBER 1994
the question of whether a particular
case should attract an enhanced fee:-
(i) Comp l e x i ty of legal
argument.
(ii) Comp l e x i ty of scientific and
other technical evidence.
(iii) Comp l e x i ty of facts.
(iv) Projected length of trial.
( v) Number of charges
preferred.
(vi) Number of separately
represented accused.
(vii) Extent of time spent in the
District Court in respect of
cases where the Director of
Public Prosecutions calls
depositions.
(viii) Other special factors.
5. The factors specified in paragraph
4 are to be used as guidelines only
and the presence of one or more
of the factors will not
automatically entitle a solicitor to
an enhanced fee.
6.1 In the event of a solicitor
disagreeing with the decision of
the Department in relation to
whether an enhanced fee should
be paid, the solicitor shall ask to
have the matter referred to
arbitration by notice in writing to
the Department of Justice. In
determining whether an enhanced
fee should be paid, the following
factors shall be regarded by the
arbitrator as having relevance to
the question of whether a
particular case should attract an
enhanced fee, viz
(a) the number and weight of the
factors as set out in paragraph
4 which are present in the
case under consideration,
(b) the standard case fee, and
( c ) the degree, if any, by which
the particular case varies from
a standard case.
6 . 2 The arbitrator's fee shall be borne
by such parly or parties as the
arbitrator shall determine. Costs
shall not be awarded to any party.
6 .3 Ev e ry effort shall be made by the
Department of Justice and the
L aw Society to agree on the
nomination of a person to arbitrate
on all such references. If
agreement on the nomination of
an arbitrator is not reached within
2 8 days of the request for
arbitration, an arbitrator shall be
nominated by the President of
the Chartered Institute of
Arbitrators.
6 . 4 Pending such negotiations or
arbitration, the solicitor
nominated shall conduct the
defence.
Signed:
(On behalf of the Minister for Justice)
Signed:
(On behalf of the L aw So c i e t y)
•
W H O W I LL F I G HT
I R E L A N D ' S
N U M B E R ONE K I LLER?
T U R KS A ND C A I COS I S L ANDS
A ND
T HE I SLE OF M AN
Samuel McCleery
Heart Attack and Stroke cause 50% of all deaths
in Ireland.
WE W I LL
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Heart Disease and Stroke through Education,
Community Service and Research.
IF Y OU W I LL
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IRISH HEART FOUNDATION
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from Irish Solicitors in the formation and
a dm i n i s t r a t i on of E x e m p t T u r ks a nd
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364