Court measures fee due to notice party who prepared reports and attended as a witness in contentious family law proceedings

Family law - dispute over the costs of the notice party, B.S., for preparing s. 47 reports, attending court as a witness, and all ancillary work required to prepare the reports - by order of the High Court of 21st October, 2011, on appeal from the Circuit Family Court, it was directed that each party to the proceedings be liable for 50% of the fees due to B.S., to be taxed in default of agreement - on the matter being transferred from the trial judge to this Court on 12th July, 2013, and having heard detailed submissions from the parties, the Court decided that it was appropriate to proceed to hear the application for costs and to measure same, if necessary, rather than to have the matter proceed to taxation - family law proceedings between the applicant and the respondent are of long-standing and have been particularly contentious and involved numerous court hearings over a number of years - ongoing proceedings over custody and access of the three children of the marriage - number of different experts nominated at various times to carry out expert reports in respect of the custody and access dispute between the parties - proceedings at all times remained private law proceedings - notice party was appointed by order of 11th December, 2009, pursuant to s. 47 of the Family Law Act 1995 (“the 1995 Act”), to provide a report to the High Court in respect of the case - total fee sought including outlay by the notice party is the sum of €79,874.36 - submission of the respondent that he has no liability for the fees, apart from the initial payment as he never authorised the extent of the work undertaken by the notice party and the respondent has referred to letters sent to the notice party - no evidence before this Court of any letter or any reference in the court proceedings to a refusal by the respondent to partake in the process of s. 47 interviews - court has no jurisdiction to interfere with the order directing the payment of the assessor’s costs or their apportionment - only issue before me is the measurement of fees due to the notice party - total fees by 147 hours - they are therefore reduced by €22,050.