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52
The Gazette ol the Incorporated Law Society of Ireland.
[FEBRUARY, 1919
Costs
—
Instructions
for
Briefs—Payments
to
Foreign Lawvers—Attendances
on
Counsel.
The most important item as regards the
Solicitors' remuneration in the costs of an
action is beyond question the item " Instruc
tions for Briefs."
In fact,
the
trouble
involved in most records is so considerable
that unless
the solicitor obtains a
fair
allowance for this item he is practically
without any fair reward for his services.
It
is accordingly of first importance to the
solicitor to see that this fee is properly dealt
with in his bill of costs, and the attention of
the profession is called to the recent case in
the Court of Appeal
(England) on
this
subject (see
Slingsby
v.
Attorney-General,
1918, p. 236).
In the Irish Schedule of Fees,
Rules of Supreme Court, 1905, Appendix S.,
Part I.,
Item 73,
the ordinary fee
for
Instructions for Brief on hearing or trial of
action is set down at £1 Is. Od., but under
Order LXV., Rule 65 (3), the Taxing Master
is given a discretion on special grounds to
make such further allowance as may be
reasonable.
This discretion except in the
most trivial cases is invariably exercised by
the Taxing Master to increase the schedule
fee. Swinfen Eady, L.J., in the case referred
to, says :—" The allowance to be made for
" ' Instructions
for Brief'
is
a matter
" peculiarly within the discretion of
the
" Taxing Master."
And he quotes with
approval the judgment of Buckley, L.J.
In the Estate of Ogilvie
(1910, p. 243) :—
" On questions of quantum the decision of
" the Taxing Master is, generally speaking,
" final.
It must be a very exceptional case
" in which the Court will even listen to an
" application to review his decision."
In the bill of costs before the Court there
was a charge of £1,365 for " Instructions."
The Master allowed £735, and the appeal was
taken by the party liable for the payment.
Certain particulars as to how the charge of
£1,365 was made up were given in the bill,
including details of work done before the
litigation commenced. The Court came to
the conclusion that the Master in exercising
his discretion had not sufficient and proper
materials to enable him to arrive at a correct
conclusion, and remitted the item back to
the Taxing Master with a direction that
details should be furnished. The judgment
indicates the nature of the particulars that
should be given. The length of the documents
perused, the names of the witnesses who have
been attended, the places to which journeys
have been made, the time occupied in each,
and expenses paid. The case is important as
showing what may fairly be included in the
item of " Instructions for Brief," the details
that should be summarised under that head,
and the great importance of keeping a full
note of all work done in connection with the
preparation for the trial.
As regards attendances on Counsel, the
Court of Appeal approved of the decision
In re Catlin
(18 Beav., 508) that it is not
proper to allow for such attendances where
no fee is paid to Counsel. Another matter
dealt with in Slingsby's case is the payment
to foreign lawyers. Frequently in the course
of getting up the evidence, it is necessary for
the Solicitor to employ lawyers abroad. The
charges paid to these lawyers are properly
included in the solicitor's bill of costs, but
it is his duty to see that such charges are
reasonable and proper and according to the
scale of payment in force in the country
where the charges are incurred. The Taxing
Master should not allow the amount charged
simply because it has been paid. Details of
the charges by the foreign lawyers should be
placed before the Master, and the onus is on
the Solicitor bringing in the bill to prove they
are fair and reasonable.
Such charges are
not to be allowed simply because the other
side have not produced evidence to show
that they are excessive.
THE Society's Calendar and Law Director}'
for 1919 can be obtained in the Secretary's
Office, price four shillings ;
by post, four
shillings and sixpence.
ALL communications connected with THE
GAZETTE (other than advertisements) should
be addressed to the Secretary of the Society,
Solicitors' Buildings, Four Courts, Dublin