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Court of Appeal allows appeal of High Court order directing a solicitor to refer a bill of costs to taxation, on the grounds that: 1) the High Court judge incorrectly interpreted the relevant legislation and rules of court; and 2) it was a valid bill of costs for the purposes of triggering the time limits and should not be referred to taxation.
Taxation – costs as a result of the family law proceedings – appeal of High Court order directing a solicitor to refer a bill of costs to taxation and measuring costs in the sum of €2,000 – when and in what circumstances a client may obtain an order for the taxation of a solicitor’s bill of costs utilising s. 2 of the Attorneys and Solicitors (Ireland) Act 1849 – Solicitors (Amendment) Act, 1994 – Order 99 of the Rules of the Superior Courts 1996 – whether the 12-month period provided for in section 2 of the 1849 Act only starts to run against a client wishing to contest a bill of costs when they have taken delivery of a bill that is in conformity with order 99 rule 29 (5) – Statute of Limitations Act 1957 – section 27 (1) of the Courts and Court Officers Act 1995 – whether bill of costs furnished to client does not comply with O.99 r. 29(5) – time begins to run once a bill of costs, in compliance with the statutory requirements is delivered – High Court judge incorrectly interpreted the provision of s. 2 of the 1849 Act – it was a valid bill of costs for the purposes of triggering the time limits attaching to s. 2 of the 1849 Act – bill of costs will not be referred to taxation – appeal allowed.
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