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the functions of masters and district registrars in
civil cases by helping to reduce the area of dis–
pute, but
this would
involve a
fundamental
change in criminal procedure which in our view
is long overdue. The signs are that the Govern–
ment are thinking radically on this subject: Lord
Devlin has made a notable contribution to the
moulding of
informal opinion.
[The Solicitors
Journal].
LEGAL APPOINTMENT
Mr. Michael T. Neary, solicitor, of 3 Raglan
Road, Ballsbridge, has been appointed by
the
Government as Co. Registrar for the County and
Co. Borough of Dublin with effect from 19th
June.
He succeeds Mr. Michael O Cleirigh, who re-
retired recently. He was admitted a solicitor in
1943 and has since practised in Dublin.
BAIL DEBATES
12th April 1967—Fees of Medical Witnesses
Mr. Ryan asked the Minister for Justice if, having
regard to the new scale of minimum medico-legal
fees on a solicitor-client basis recommended to
be charged by medical witnesses for examinations,
reports, consultations and court attendances, he
will have copies of the new scales circulated to
taxing masters and county registrars; and if steps
will be taken to bring fees allowed on a party and
party basis into line with the new scale of fees,
having regard to the considerable burden which
such fees impose upon injured persons, particu–
larly poor persons, seeking remedies through the
courts for the wrongs and injuries to them.
Mr. B. Lenihan : The allowance to be made for
fees of professional witnesses in the taxation of
costs on a party and party basis is a matter for the
taxing master where the proceedings are in the
High Court and for the county registrar where
the proceedings are Circuit Court proceedings.
Costs on a solicitor and client basis are taxable
by the taxing master. Any party aggrieved by a
taxation may appeal to the High Court from a
taxing master and to the Circuit Court from a
county registrar. It is not for any professional
body to say what fees should or should not be
allowed on taxation.
As this whole matter has an important bearing
on the cost of litigation, I propose to refer it to
the Committee on Court Practice and Procedure
for examination. I have already asked the com–
mittee to consider a proposal to improve substan–
tially the present arrangements in the High Court
for settling issues in advance in chambers before
the Master.
In conclusion, I should like to emphasise that
I am not in any way to be taken as agreeing that
the scale of fees referred to in the question is
reasonable.
Mr. Ryan :
Is the Minister aware that these
fees have been recommended as the minimum fees
to be charged, that in fact these fees in some cases
have been charged by many members of
the
medical profession for some time past and that
the ordinary layman is naturally aggrieved when
he is awarded damages in court with costs and
subsequently finds himself obliged to part with
an additional £30 or £40
in respect of
the
expenses of expert witnesses? The layman simply
does not understand the legal gobbledegook and
the fact that the taxing master, who is supposed
to administer justice, administers it in such a way
that the successful litiganth as to part with £30
or £40 in respect of witnesses' expenses.
Mr. B. Lenihan: This
is part of the total
problem concerning the cost of litigation. As a
general observation, I would say that in many
cases, particularly in road accident cases, far too
many technical witnesses, especially medical wit–
nesses, are called on each side. That is why the
Committee on Court Practice and Procedure have
come forward with a suggestion for settling issues,
primarily technical issues, with the Master before–
hand. This should considerably cut costs in this
sphere, which, as the Deputy is aware, are un–
doubtedly rising. I would hope to have legislation
on this aspect in the coming months, which I
would hope would go some way to cutting these
costs. I agree with the Deputy that it is a serious
matter.
Mr. Ryan: Would
the Minister recommend
that the gap between party and party expenses
and solicitor and client expenses be closed?
Mr. B. Lenihan : What the Deputy is suggesting
is that the taxing master should allow costs in
respect of technical witnesses, some of which are
duplicating costs, and that I should suggest these
costs be raised. I will not go that far. I think they
are too high.
Fees of Medical Witnesses
Mr. Ryan asked the Minister for Health if, having
regard to the great difficulty which people of
limited means have in paying medico-legal fees
for examinations, reports and court attendances
of doctors, he will have steps
taken
to have
of doctors, he will have steps taken to have such
fees paid by health authorities in respect of medi-
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