Errors by Taxing Master were not such as to warrant interference in allowance made in respect of solicitor’s fee

Application to review rulings of Taxing Master as regards solicitor's instruction fee and counsel's brief and refresher fee in a medical negligence case - Order 99, rule 38 (3) - appellant claimed that Taxing Master failed to appreciate the complexity of the case, presence of two solicitors in court during the case and amount of time devoted to it by the solicitors - argued that Taxing Master did not adequately explain his methodology for arriving at his final figure - extent to which Taxing Master is entitled to take downturn in economy into account - medical negligence action against defendant consultant obstetrician, with child plaintiff developing cerebral palsy after birth - causation admitted by defendant close to hearing, so hearing was for assessment only - 20 bankers' boxes of documentary evidence - Section 27 (3) of the Courts and Court Officers Act 1995 - court accepting medical negligence cases are more complex than other personal injury cases - appellant submitted that Taxing Master failed to have due regard to the problems associated with establishing causation - unusual medical condition does not necessarily make for a complex case - senior counsel initially marked €125,000 as a brief fee but later accepted €65,000 - only one partner from plaintiff solicitor firm necessary in court at one time - Taxing Master taking many factors into account, not just hours spent on case - Taxing Master's assessment of work carried out by solicitor was fair and reasonable - Taxing Master used defendant's method of assessment; however, no alternative to this was offered by the plaintiff's solicitors - argued that Taxing Master failed to give adequate regard to comparator cases with fees allowed in excess of that in the instant case - Taxing Master under no obligation to follow allowances made in comparator cases he regards as erroneous or referenced to outdated principles - value of a case only one factor when assessing fees - defence pointed to a number of cases where plaintiff solicitors had accepted similar figures subsequent to a ruling by the Taxing Master - Taxing Master to give considerations to harsh financial realities being experienced by majority of Irish citizens - Taxing Master should give some precision to measurement of costs - court recommends process whereby the Taxing Master seeks the views of an economist who could inform him of the extent of cuts in remuneration for professionals providing services across a range of disciplines - Taxing Master could produce a report that could be used as guidelines for practitioners before commencing taxing - report of this nature produced yearly could also warrant an uplift in fees where warranted by economic changes - Taxing Master's assessment of the instructions fee is exhibited as appendix to judgement.