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High Court: a) grants an order that solicitors were entitled to a charge on taxed costs in proceedings in which they acted for a company; and b) determines that the solicitors' charge took precedence over a debt by the company to a local authority that had obtained an ex parte garnishee order over the taxed costs (arising from a separate order for costs), on grounds that the local authority had been on notice of the solicitors' entitlement to be paid, and that no injustice arose.
Costs of proceedings - taxation of costs pending - application for garnishee order - application by local authority (Galway City Council) against company for taxed order for costs in separate proceedings - separate application by solicitors for company for charge upon judgment and costs in proceedings - s. 3 of the Legal Practitioners (Ireland) Act 1876 - whether claim by Galway City Council had priority over charge - successful defence of proceedings - award of costs - costs taxed at €113,342.80 - separate action by company against other local authority (New Ross Town Council), resulting in settlement, including an order for costs - ex parte garnishee order granted - O.45 of the Rules of the Superior Courts - application by solicitors for charge in sum of €40K in respect of costs and €16K in respect of disbursements - whether first application in time should prevail - which of two innocent parties should bear a loss - solicitors entitled to seek charging order from July 2011 - order for costs to Galway City Council made in January 2012 - council on notice of solicitors' right to be paid.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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