Judge says €33,000 legal bill arising out of €8,000 is ‘unrealistic’

Mr Justice Anthony Barr said the amount of legal costs recoverable from a defendant “cannot in justice be out of all proportion to the amount of damages actually obtained”

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The €8,000 award came in Circuit Court personal injuries proceedings brought successfully by Kevin Nolan against KC Cable Vision Limited, Virgin Media Limited and a county council, who all denied responsibility. Mr Nolan’s lawyers presented the companies with a bill for €32,986, of which €19,414 was the solicitor’s fee excluding outlay and VAT. The barrister’s fee was €2,350 excluding VAT, said Mr Justice Barr.

Mr Justice Barr said District Court Rules, made by the District Court Rules Committee, set out that where damages of between €6,000 and €9,000 are recovered, a solicitor’s costs were €2,250. The amount for a barrister, where awards are between €7,000 and €9,000, was €800. These amounts were increase in 2023 by €475 and €40 respectively, he said.

It is “clear” when reading section 17 as a whole that it is designed to provide that the only recoverable legal costs are those that would have been recoverable in the lowest court with jurisdiction to hear a particular claim.

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