Solicitor's fee estimate was not binding

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High Court dismisses application by a former client of a solicior to review a ruling of the Taxing Master to tax solicitor and client costs arising from defamation proceedings, on the grounds, inter alia, that: (a) a ground of objection to the instruction fee had not been raised before the Taxing Master; (b) any error in the instruction fee had not been significant as it was merely the starting point before a reduction; (c) the client had not established that the lack of the solicitors' file at the hearing had deprived her of due process; (d) the client had not established an agreement in relation to fees due to the solicitor in respect of a mediation; and (e) the Taxing Master had been correct in his ruling that a fee estimate issued at the outset of the case was not binding on the solicitor.

Taxation of costs - review of taxation in respect of ruling of Taxing Master (TM) - solicitor and client fees - history of relationship between client and firm of solicitors - defamation actions - award of damages - work between 2004 and 2011 - break down in relationship between client and solicitors - objections to ruling - whether TM erred in quantification of instructions fee - hearings in absence of solicitor's file - whether fee due to solicitors in respect of mediation - whether adequate account taken of fee estimate provided to client - instruction fee charged at €177,400 - reduction on fees due on time assessment basis - entitlement of court to review TM's determination - O. 99, r. 38(3) - Section 27(3) of the Courts and Court Officers Act, 1995 - whether agreement in relation to fees on mediation.

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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Solicitor’s fee estimate was not binding

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