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High Court refuses plaintiff's application that Court should certify the legal fees of two Senior Counsel engaged on its behalf in medical negligence proceedings which have since been successfully mediated between the parties, on the grounds that: (1) it does have jurisdiction under the Rules of the Superior Courts to make the order sought; (2) the Taxing Master must generally be given deference to decide issues of taxation and whether or not such certification should ensue in these proceedings; and (3) the plaintiffs have failed to demonstrate that the proceedings are of such an exceptional nature (and were not only complex or 'very complex') which would warrant the Court making a direction of the Taxing Master at this time.
Personal injuries - medical negligence - claim for damages as a result of alleged negligent misreading of slides and histology - proceedings successfully mediated by agreement - sole issued to be determined - plaintiffs' application that Court should certify for two senior counsel - Order 99, rule 1(5) RSC - court's jurisdiction to make order - complexity of proceedings - taxing master must generally be given deference to decide issue - whether case sufficiently exceptional to permit court to make special order directing taxing master to allow recovery of fees for two senior counsel - case not exceptional such as to require Court to impose its view on taxing master - exceptional means unusual or highly unusual but not necessarily unique - application refused.
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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