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Solicitor was acting on behalf of clients when making submissions as notice party
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High Court overturns a decision of the Taxing Master that a solicitor was not acting on behalf of clients when making submissions as a notice party, on the grounds that: a) the solicitor would not have locus standi to make submissions if not acting on behalf of clients; (b) the transcript of the hearing and the subsequent order of the court make it clear that the solicitor was acting on behalf of clients; and (c) the solicitor requested the client sign an authority authorising the solicitor to take such steps as are appropriate to protect the client’s interest when taking instructions.
Review of a decision of the Taxing Master - Order 99, rule 38(3) of the Rules of the Superior Courts - whether solicitor was acting on behalf of clients or whether he was representing his firm of solicitors - fully satisfied that, when joined as notice party and in making various submissions to the court, the solicitor was acting for the various instructing clients - overturned the finding of the Taxing Master that solicitor was representing his firm - counsel to be heard as to what consequential orders arise.
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