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No requirement to establish delay in application for payment on account of legal costs
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High Court directs the payment of a portion of legal costs owed by the defendant to the plaintiff following the successful settlement of personal injuries proceedings, pursuant to a practice direction of the High Court issued in March 2017, on the grounds that, despite the taxation procedure not being finalised, there is no requirement for the applicant to establish a delay in the taxation process in order to qualify for such a payment at this stage.
Legal costs - application to make payment on account in respect of costs payable by defendants to plaintiff - High Court Practice Direction 71 - prior settlement between parties in respect of plaintiff's personal injuries proceedings with legal costs to be paid and taxed in default of agreement - bill costs sent - upcoming taxation hearing - undertaking provided in respect of repayment of any amounts that may be overpaid by defendants at this stage should application be granted - whether application should be refused where no delays at present in taxation procedure - whether any basis for the court to direct payment - factors to be considered by a court in such an application - no requirement for applicant to establish any delay in taxation - settled agreement in place - costs not likely to be received until December 2018 - proceedings began in 2010 - appropriate for order for be made - payment on account of €45,000 within 28 days.
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