Appendix W: Costs

Part I   Scales of Costs
A. Before Commencement of Proceedings
B. From Commencement to Trial/Settlement date.
C. Costs incurred during cours of Trial/Settlement and up to Determination of Proceedings
D. Costs incurred subsequest to Trial
Misc.  Miscellaneous matters (regardless of stage of proceedings at which undertaken)
Part II Costs of Judgment in Default of Appearance
Part III Appeals from Circuit Court
Part IV Fees payable to Commissioner for Oaths
Part V Forms in Legal Costs Adjudicator's Office
Form 1 Notice of Application for Adjudication of Costs (Party and Party)
Form 2 Notice of Application for Adjudication of Costs (Legal Practitioner and Client)
Form 3 Bill of Costs for Adjudication
Form 4 Notice of Application for consideration of a decision(s) and for a Determination under Section 160(1) of the Legal Services Regulation Act 2015
Form 5 Notice of Lodgment in Satisfaction of Costs
Form 6 Acceptance of Sum paid into Court in Satisfaction of Costs

Part 1: Scales of Costs

O. 99, rr. 12 and 47 

Item

Notes to items nos. 70 and 78 to 83:

These items are intended to cover the doing of any work, not otherwise provided for, necessarily or properly done in preparing for a trial, negotiation of a settlement, mediation hearing or appeal, or before a settlement of the matters in dispute, including: —

(a) taking instructions to sue, defend, counter-claim,  appeal, seek leave to appeal, or oppose an application for leave to appeal or an appeal, or for any pleading, particulars of pleading, affidavit, preliminary act or a reference under Order 64, rule 46;
(b) considering the facts and law;
(c) attending on and corresponding with client;
(d) interviewing and corresponding with witnesses and potential witnesses and taking proofs of their evidence;
(e) arranging to obtain reports or advice from experts and plans, photographs and models;
(f) making search for relevant documents;
(g) inspecting any property or place material to the proceedings;
(h) perusing pleadings, affidavits and other relevant documents;
(i) where the cause or matter does not proceed to trial or hearing, work done in connection with the negotiation of a settlement; and
(j) the general care and conduct of the proceedings (including Post-Trial Work).

 

A. BEFORE COMMENCEMENT OF PROCEEDINGS

Charge allowable: if no amount is stated, the amount of the charge is at the discretion of the Legal Costs Adjudicator unless otherwise provided

1.

Taking client’s instructions preliminary to the bringing or defence of the proceedings

 

2.

Issuing notice under section 150, Legal Services Regulation Act 2015

 

3.

Factual inquiries, including attending on and corresponding with client and with witnesses and potential witnesses

 

4.

Inspecting any property or place material to the proceedings

 

5.

Making searches or inquiries in any relevant public office and elsewhere for relevant particulars or documents

 

6.

Correspondence with Personal Injuries Assessment Board [where applicable]

 

7.

Obtaining expert report and other reports in anticipation of proceedings

 

8.

Obtaining consent of person to act as next friend or guardian ad litem and consent or approval of any other interested party

Note: This item includes preparing the form of consent or approval.

€25

9.

Obtaining consent to release of records

Note: This item includes preparing the form of consent or approval.

€15

10.

Obtaining any other form of consent

Note: This item includes preparing the form of  consent or approval.

€15

11.

Preparing and delivering instructions to counsel to advise as to institution of proceedings

 

12.

Preparing letter of claim/letter before action

 

13.

Preparing letter advising on availability and potential providers of mediation

 

14.

Preparing and making application for leave to issue proceedings, where necessary

 

 

 

 

B. FROM COMMENCEMENT TO TRIAL/SETTLEMENT DATE

 

 

 

ISSUANCE OF PROCEEDINGS, PLEADINGS ETC.

 

15.

Preparing, issuing, and service on one party of originating summons, petition, originating notice of motion or third party notice including, where relevant, endorsement for service out of the jurisdiction under Order 11A (excluding attendance on counsel)

€75

16.

Issue and service on one party of concurrent originating summons

 

 

Note to item 15 and 16:

— References in these items to service on one party of an originating summons shall, in relation to a summons in an admiralty action in rem, be construed as reference to service of the summons on a ship.

 

17.

Preparing, serving and, where appropriate, filing any verifying affidavit

€35

18.

Renewing an originating summons issued, including preparing and filing affidavit, attending on application for renewal and obtaining order

 

19.

Preparing, issuing, filing and service on one party of notice of motion (other than an originating motion)

 

20.

Preparing and filing and, where relevant, service on one party of affidavit supporting notice of motion (other than an originating motion)

 

21.

 Preparing, filing and service on one party of notice of appeal or case stated

 

22.

Preparing and filing and, where relevant, service on one party of grounding affidavit in proceedings by originating notice of motion or special summons, or affidavit of verification in personal injuries action or defamation action

 

23.

Obtaining fiat of the Attorney General, where required

 

24.

Entry of appearance and giving notice thereof

€25

25.

Entry of appearance contesting jurisdiction and application contesting jurisdiction

 

26.

Preparing, filing and delivery to one party of statement of claim

€75

27.

Considering pleading received and taking instructions thereon (including as to any matter of fact or expert opinion) and preparing, filing and delivery to one party of defence (and counterclaim), answer to petition, reply, or other pleading required or permitted in response

 

28.

Preparing, filing and delivery to one party of affidavit of verification of defence in personal injuries action or defamation action

€35

29.

Advising on any lodgment or tender with defence or advising on and effecting any lodgment of money with a pleading (to include giving notice thereof)

 

30

Preparing, filing and service on one party of application to transfer to Commercial List or for case management, where relevant

 

31.

Preparing, filing and service on one party of reply to application to transfer to Commercial List or for case management, where relevant

 

32.

Preparing for and attending any case management conference or hearing and work done to comply with case management directions

 

33.

Preparing and delivery to one party of request for particulars of pleading (including affidavit of verification where required)

 

34.

Preparing and delivery to one party of replies to request for particulars (including affidavit of verification where required)

 

35.

Preparing and filing of preliminary act, or declaration of insolvency, preparing notice of filing and service on one party of such notice

 

36.

Preparing amendment of summons or pleading, and service on or delivery to, one party of amended document

 

37.

Preparing notice of originating summons or other originating document, for service out of the jurisdiction under Order 11

€75

38.

Preparing any document, attending on any application, and doing any other work necessary to obtain—

(a) order for substituted service of any document;

(b) order giving leave to serve any document out of the jurisdiction;

(c) any other ex parte order, whether preliminary to or in the course of the proceedings, not otherwise provided for under any other item

and obtaining order

(d) a citation and obtaining order

 

39.

Warning letter in relation to any application in default of pleading or for extension of time

€15

40.

Taking instructions on, preparing and attending on the hearing of any motion for any application in default of pleading or for extension of time (including grounding affidavit)

 

41.

Taking instructions on, preparing and attending on the hearing of the response to any motion for any application in default of pleading or for extension of time (including grounding affidavit)

 

42.

Taking instructions on and preparing any motion and affidavit for any substantive interlocutory application, other than default of pleading/extension of time or discovery (e.g. interlocutory injunction)

 

43.

Considering any motion and affidavit received, and taking instructions on and preparing any substantive replying affidavit for any substantive interlocutory application, other than default of pleading/extension of time or discovery (e.g. interlocutory injunction)

 

44.

Taking instructions on and preparing any substantive affidavit in any proceedings to be heard on affidavit

 

45.

Considering any affidavit received, and taking instructions on and preparing any substantive replying affidavit in any proceedings to be heard on affidavit

 

46.

Perusing pleadings, affidavits and other relevant documents

 

47.

Preparing instructions to counsel for written opinion or advice or instructions to settle any document

 

48.

Attending counsel in consultation

 

 

DISCOVERY AND INSPECTION

 

49.

Preparing and delivery of request for voluntary discovery to a party

 

50.

Preparing and delivery of request for voluntary discovery to a non-party

 

51.

Identification of document custodians and their records

 

52.

Taking instructions on, preparing and attending on the hearing of the response to any motion for discovery

 

53.

Taking instructions on, preparing and attending on the hearing of the response to any motion for discovery

 

54.

Preparing, filing and service of affidavit of documents or list of documents

 

55.

Preparing, filing and service of—

(a) interrogatories for examination of a party, or

(b) affidavit in answer to interrogatories

 

56.

Attending to inspect and take copies of, or reviewing electronic copies of, another party’s scheduled documents

 

57.

Review of discovery documents (party’s own, opposing party’s/parties’ and/or any non-party discovery)

 

 

PREPARATION FOR TRIAL, ETC.

 

58.

Attending on and corresponding with any witness and preparing proof of evidence available

 

59.

Where relevant, briefing and obtaining any updated expert report

 

60.

Preparing and issuing order or notice of subpoena ad testificandum for any number of persons not exceeding three and the same for every additional number not exceeding three

€15

61.

Preparing and issuing order or notice of subpoena duces tecum for any number of persons not exceeding three and the same for every additional number not exceeding three

€15

62.

Preparing and service of notice—

(a) to produce for inspection document referred to in pleading or affidavit

(b) to produce document at trial or hearing

(c) to admit any document or fact

€15

63.

Attending to obtain appointment to examine witness and on examination of witness before any commissioner, officer of the court or other person appointed to examine him, for each day of examination.

Note:—The solicitor shall also be allowed travelling expenses reasonably incurred by him.

 

64.

Work done in connection with the mediation of proceedings

 

65.

Preparing instructions to counsel to advise on proofs

 

66.

Setting down for trial or hearing

€75

67.

Preparing trial brief with observations to counsel and proofs of evidence

 

68.

Work done in connection with the negotiation of a settlement

 

69.

Attending on the appropriate officer to inform him that a cause or matter set down for trial or hearing is settled and may be listed accordingly

€15

70.

Preparation for trial or hearing of any cause or matter, petition or motion, whatever the mode of trial or hearing (including the taking of accounts or making of inquiries) excluding any work referred to in previous items

 

 

 

 

C. COSTS INCURRED DURING COURSE OF TRIAL/ SETTLEMENT AND UP TO DETERMINATION OF PROCEEDINGS

 

 

 

TRIAL OR HEARING

 

71.

Attending sittings for purposes of—

(a) trial or hearing of a cause, matter or appeal for each day—

on which the cause, matter or appeal is included in list to be tried or heard, but is not begun

(ii) trial or hearing

(iii) hearing reserved judgment

(iv) subsequent hearing on form of relief and/or costs

 

72.

Notes to item 71:

(a) if the solicitor has to attend on more than one hearing or trial at the same time and place, the expense shall in such case be reasonably divided;

(b) the solicitor shall also be allowed travelling expenses reasonably incurred by him;

(c) this item does not relate to the attendances mentioned in item 73.

 

73.

Attending hearing of summary or special summons or motion before the Court, for each day

 

74.

Attending before the Master, the Examiner, or a Registrar, or to vouch publication of advertisement or any necessary service

 

75.

Preparing and delivering papers required for the use of a Judge, the Master, the Examiner or a Registrar

 

 

 

 

D. COSTS INCURRED SUBSEQUENT TO TRIAL

 

 

76.

Attending to enter or bespeak order or judgment

€15

77.

Attending to lodgment of funds in court (where applicable)

 

 

APPLICATION FOR LEAVE TO APPEAL/APPEAL

 

78.

Taking client’s instructions for appeal from the High Court to the Court of Appeal from interlocutory or final judgment or order

 

79.

Preparing instructions to counsel for appeal from the High Court to the Court of Appeal

 

80.

Taking client’s instructions for application for leave to appeal from the High Court to the Supreme Court in a leapfrog appeal

 

81.

Preparing instructions to counsel for application for leave to appeal from the High Court to the Supreme Court in a leapfrog appeal

 

82.

Taking client’s instructions for application for leave to appeal from the Court of Appeal to the Supreme Court

 

83.

Preparing instructions to counsel for application for leave to appeal from the Court of Appeal to the Supreme Court

 

84.

Preparing notice of appeal

€75

85.

Preparing notice of application for leave to appeal

€75

86.

Preparing respondent’s notice (Court of Appeal)

€75

87.

Preparing respondent’s notice (Supreme Court)

€75

88.

Preparing and compiling particulars of costs incurred and completion of requirements of s 152 and s 154 of the Legal Services Regulation Act, 2015

 

89.

Notice of application for adjudication

€40

90.

Preparation of index, engrossing Bill of Costs and preparation of papers for Adjudication, including reasonable copies for service and filing

 

91.

Lodging and serving bill of costs and issuing, serving and filing notice to tax or adjudicate

 

92.

Attending taxation or adjudication, completing bills, vouching, and certificate and taxation or adjudication

 

93.

Preparing application for consideration by Legal Costs Adjudicator of decision under section 160(1) of the Legal Services Regulation Act 2015 or answer to objections, including copies for service and filing; delivery to one party of such objections or answers and attending hearing or review by Legal Costs Adjudicator — if objections sustained

 

 

EXECUTION

 

94.

(a) Preparing and attending to obtain issue of order of fieri facias, sequestration or attachment, any subsequent order for giving effect thereto and any other order to enforce a judgment or order

(b) Copies of any such order (where necessary)

€15

 

€10

95.

(a) Preparing notice of renewal of order of execution

(b) Procuring renewal of order of execution

€15

€10

96.

To register a judgment, order, bond, lis pendens or recognisance

€15

97.

To vacate a recognisance or enter satisfaction of a judgment (over and above outlay)

€15

98.

Application or request for certificate to allow enforcement of a judgment in another EU Member State

Query amount to be set

 

 

MISCELLANEOUS MATTERS (REGARDLESS OF STAGE OF PROCEEDINGS AT WHICH UNDERTAKEN)

 

 

ATTENDANCES

 

99.

Necessary and proper attendances not provided for or allowed under any other item

Note: The solicitor shall also be allowed reasonable travelling expenses actually incurred

 

 

PREPARING DOCUMENTS NOT OTHERWISE PROVIDED FOR

 

100.

Preparing affidavit of service or other formal affidavit

Note: This item includes engrossing affidavit, attending to have it sworn and to file it

€25

101.

Preparation for marking by commissioner for oaths of exhibits to affidavit

€10 per exhibit

102.

Preparing advertisement for Iris Oifigiúil or newspaper or other advertisement to be approved by the Examiner or a Registrar

Note: This item includes attending to obtain approval, where required

€25

103.

Preparing accounts, statements and other documents required for use in Court

 

104.

Preparing, issuing, filing and service on one party of notices issued, by direction of the Court, a Legal Costs Adjudicator or Registrar

€25

105.

Preparing motion docket on ex parte application to the Master

€25

106.

Preparing and engrossing recognisance

€25

107.

Preparing and engrossing satisfaction piece and affidavit

€25

108.

Preparing or filling up a notice to a creditor requiring him to prove his claim

€25

109.

Preparing any notice or document not otherwise provided for

€25

 

COPIES

 

110.

Printed copies documents (per page)

20 cent

111.

Examining and certifying copies, where required

€15

 

SERVICE

 

112.

Effecting personal service where more than one attendance is necessary to effect service

 

113.

Personal service within the jurisdiction of a summons, petition, pleading or notice required to be served on, or delivered to, more than one person

 

114.

Registered post service within the jurisdiction of a summons, petition, pleading or notice required to be served on, or delivered to, more than one person

€15

115.

Service out of the jurisdiction of a summons, petition, pleading (or notice thereof) using transmitting agency under EU Service Regulation

€15

116.

Service out of the jurisdiction of a summons, petition, pleading (or notice thereof) using Central Authority under Hague Service Regulation

€25

117.

Personal service or delivery of any document, not provided for or allowed under any other item (to be described in bill of costs)

 

118.

Registered post service or delivery of any document, not provided for or allowed under any other item (to be described in bill of costs)

€15

 

O. 99, rr. 12, 40.

 

PART II: COSTS OF JUDGMENT IN DEFAULT OF APPEARANCE.

 

DISTRICT COURT JURISDICTION: If the amount of the judgment does not exceed €15,00

— Such sum as would be appropriate to a judgment for a like amount in the District Court.

(2) CIRCUIT COURT JURISDICTION: If the amount of the judgment exceeds €15,000 but does not exceed €75,000

— Such sum as would be appropriate to a judgment for a like amount in the Circuit Court.

(3) HIGH COURT JURISDICTION: If the amount of the judgment exceeds €75,000

— €121 and €12 for each additional service after the first; and this amount shall in every case be exclusive of and in addition to all actual and necessary outlay.

 

O. 61, r. 12
Item

PART III: APPEALS FROM CIRCUIT COURT.

Charge allowable: if no amount is stated, the amount of the charge is at the discretion of the Legal Costs Adjudicator unless otherwise provided.

1.

Instructions for and preparation and lodgment of notice of appeal, including copy for service

 

2.

Service thereof on solicitor where only one party to be served

 

3.

For each additional copy served

 

4.

Each additional service thereof if on a solicitor

 

5.

Service on person other than a solicitor

 

6.

Instructions for and preparation and lodgment of notice to vary

 

7.

Service thereof on solicitor where only one party to be served

 

8.

For each additional copy served

 

9.

Each additional service thereof if on a solicitor

 

10.

Service on person other than a solicitor

 

 

 

 

PART IV: FEES PAYABLE TO COMMISSIONERS FOR OATHS.

 

 

1.

On taking an affidavit, affirmation or declaration

€10

2.

On marking exhibits therein referred to and required to be marked — for each exhibit 

but not exceeding for all exhibits

€2

€30

3.

On attesting the execution of a bond

€10

 
 

PART V: FORMS

 

No. 1

O. 99, r. 23(1)

NOTICE OF APPLICATION FOR ADJUDICATION OF COSTS (PARTY AND PARTY)

[Insert title of action, arbitration or as appropriate]

 

Costs awarded to A.B. as Plaintiff [or as the case may be] in the above-entitled proceedings

TAKE NOTICE that *I/*we as
*the person in whose favour the order to pay costs has been made
*the person who is the subject of the order to pay costs

hereby apply to a Legal Costs Adjudicator to adjudicate *[the entire of the above bill of costs] *[the items/Parts of the above bill of costs as marked on the attached bill of costs] which were received *[by me] *[by my solicitors] on   …………………20……...

*As the person in whose favour the order to pay costs has been made, I certify that I served a copy of the bill of costs on the person who is the subject of the order to pay costs with a request to agree the costs and the matters or items in the bill of costs on ………20... and the person who is the subject of the order to pay costs

*has not disputed the bill of costs
*disputed the bill of costs and the dispute could not be resolved in respect of *all *any of the disputed matters or items in the bill of costs. 

*As the person who is the subject of the order to pay costs, I certify that I have attempted to agree the bill of costs with the person in whose favour the order to pay costs has been made and

*it has not been possible to reach agreement on any of the disputed matters or items in the bill of costs
*agreement was reached on some but not all of the disputed matters or items in the bill of costs. 

Dated …………………20……..
Signed…………………………………
of  ………………………….…..

To: the Chief Legal Costs Adjudicator
And to…………………………………
of  ………………………….…..

There are served with this notice of application:

(1) the bill of costs in the form prescribed indicating where any matter or item in the bill of costs has been agreed by the respondent;

(2) an indexed and paginated booklet containing copies (certified as true copies of the originals) of the vouchers, invoices and/or receipts in respect of every disbursement claimed in the bill of costs which has not been agreed, set out in the sequence in which they are referred to in the bill of costs and cross-referenced to the bill of costs;

*(3) the following other records on which the applicant relies in support of/in opposition to the costs claimed, namely:…………………………………………………

(4) true copy of the order(s) of the Court; award(s) of the arbitrator(s) or other order or instrument by which the costs have been awarded or allowed, namely:…………………

 

*delete where inapplicable

[Office use only]

The initial return date assigned to this application is …………………20…….. The application for adjudication must be served so as to allow 14 clear days to elapse between the day of service and the initial return date.

_______

 

No. 2

O. 99, r. 23(1)

NOTICE OF APPLICATION FOR ADJUDICATION OF COSTS (LEGAL PRACTITIONER AND CLIENT)

Costs between A.B. of ………….. legal practitioner and C.D. of ………..as client

 

TAKE NOTICE that *I/*we as
*legal practitioner
*client
hereby apply to a Legal Costs Adjudicator to adjudicate *[the entire of the above bill of costs] *[the items/Parts   of the above bill of costs as marked on the attached bill of costs] which were *sent to the client *sent to me on   …………………20……...

*As the client, I certify that

(1) I sent the legal practitioner concerned a statement in writing that I disputed aspects of the bill of costs as required by section 153(1) of the Legal Services Regulation Act 2015 on ………20... 

(2) I made reasonable steps to resolve the dispute concerning the bill of costs in accordance with section 153(2) and/or 153(3) of the Legal Services Regulation Act 2015, and

(3) *I/*the legal practitioner delivered the opinion in writing mentioned in section 153(3) of that Act that the attempt to resolve the dispute concerning the bill of costs had failed on ………20...

*As the legal practitioner, I certify that

(1) The client sent me a statement in writing that *he/*she disputed aspects of the bill of costs required by section 153(1) of the Legal Services Regulation Act 2015 on ………20...; 

(2) I took all appropriate and reasonable steps to attempt to resolve the dispute by informal means in accordance with section 153(2) of the Legal Services Regulation Act 2015;

(3) *I/*the client delivered the opinion in writing mentioned in section 153(3) of that Act that the attempt to resolve the dispute concerning the bill of costs had failed on ………20...;

(4) The dispute concerns the following item(s) referred to in the bill of costs and matter(s):………………………………………………………………………………….

*As the legal practitioner, I certify that

(1) I provided a bill of costs to the client on ………20...;

(2) the client did not dispute the bill of costs;

(3) *all/*part of the bill of costs remains unpaid after the expiry of the period mentioned in section 154(5)(a) of the Legal Services Regulation Act 2015;

(4) I delivered a demand for payment of *[the outstanding balance of] the bill of costs to the client on ………20... and a further period of 14 days has elapsed without payment being effected.

This application is made within the time period permitted by section *154(5)(c) *154(7) of the Legal Services Regulation Act 2015.

Dated …………………20……..

Signed…………………………………
of  ………………………….…..

To: the Chief Legal Costs Adjudicator
And to…………………………………
of  ………………………….…..

There are served with this notice of application:

(1) the bill of costs in the form prescribed indicating where any matter or item in the bill of costs has been agreed by the respondent;

(2) an indexed and paginated booklet containing copies (certified as true copies of the originals) of the vouchers, invoices and/or receipts in respect of every disbursement claimed in the bill of costs which has not been agreed, set out in the sequence in which they are referred to in the bill of costs and cross-referenced to the bill of costs;

*(3) the following other records on which the applicant relies in support of/in opposition to the costs claimed, namely:…………………………………………………

*(4) true copy of each notice provided by the legal practitioner concerned to the client in accordance with section 150 and/or agreement under section 151(1) of the Legal Services Regulation Act 2015, namely:…………………………………………………..

*(5) true copy of any statement in writing sent under section 153(1) of the Legal Services Regulation Act 2015;

*(6) a true copy of any opinion in writing sent under section 153(3) of the Legal Services Regulation Act 2015;

*(7) a true copy of any demand for payment.

[Office use only]

The initial return date assigned to this application is …………………20…….. The application for adjudication must be served so as to allow 14 clear days to elapse between the day of service and the initial return date.

_______

 

No. 3

O. 99, r. 26(5)

BILL OF COSTS FOR ADJUDICATION
 

*Costs as between legal practitioner(s) and client for services rendered by
 

 …………………………………………….., legal practitioner,

To

 ………………………………………………client,

in respect of: [give short description of  services for which the costs are claimed. Where the services relate to proceedings, insert title of proceedings]

*Costs as between party and party awarded to

 …….. ………………………………………as Plaintiff [or as the case may be]
against

…………………………………………….., as Defendant [or as the case may be]

in the proceedings entitled [insert title of proceedings, e.g.

 

THE HIGH COURT                    20… No …..

BETWEEN

A.B

Plaintiff

And

C.D

Defendant

 

Pursuant to an Order of the High Court dated the ..th day of … 20….]

To ……………………………[insert the name of the person who is to liable to pay the costs]     

………………………………..[insert the name of the person or legal practitioner(s) claiming the costs] requests that you pay or agree this bill of costs, details of which are set out below.

PLEASE NOTE:

1.  In respect of any costs disputed by you, you may, within 21 days of receiving the bill of costs and the documentation referred to in paragraph 5 below, lodge the amount you consider sufficient to satisfy those costs with the Accountant, at the Courts Service, Phoenix Street North, Dublin 7, using the lodgement slip attached (Attachment 2). In this event, you must immediately upon making the lodgement notify *me *my solicitors *my legal costs accountants in the form attached (Attachment 3) by hand, registered post or e-mail at the following e-mail address:…………………………………………

2. If qualified to do so, you may, within 21 days of receiving the bill, make to *me *my solicitors *my legal costs accountants an offer of tender of payment of the amount you consider sufficient to satisfy those costs, instead of making a lodgment with the Accountant.

3. I may accept an amount lodged or tendered in satisfaction of the costs to which it relates. If I do not, and the amount at which those costs are adjudicated does not exceed the amount lodged or tendered, I shall be liable for the assessment costs and fees.

4. This bill is accompanied by copies of the following documentation relating to the costs concerned:

i.itemised and detailed fee notes of Counsel and expert witnesses;
ii. an indexed and paginated booklet containing copies (certified as true copies of the originals) of the vouchers, invoices and/or receipts in respect of any disbursement claimed in the bill of costs which has not been agreed, set out in the sequence in which they are referred to in the bill of costs and cross-referenced to the bill of costs,  and
iii. an extract from the client engagement letters as issued and updated by the solicitor and counsel, respectively, for the person in whose favour the order to pay costs has been made.

Dated………….20….

(Signed)
of  ………………………….…..

----------------------------------

 

Notes on preparation of the bill of costs

1. The bill is divided into sections. Only those sections which are applicable to the services to which the legal costs relate should be included. Sections A, B, C and D in this Form should be inserted where the services to which the costs relate are in respect of legal proceedings. A section may be deleted where it is not appropriate to the services, in which event the enumeration (A, B, C etc.) should be revised as necessary. Section E should be included where (a) the services to which the costs relate do not relate to legal proceedings or (b) the services do relate to legal proceedings but do not fall within those referred to in Sections A, B, C or D.

2. It is a requirement, in addition to the mandatory obligations as to content of the bill of costs prepared in accordance with the requirements contained in parts A, B, C, D and E, that a single chronological summary is contained within each bill of costs lodged for adjudication. This should contain a summary of the issues addressed in the case, a chronological overview of the steps undertaken, significant milestones in the matter and the outcome of any interim or interlocutory application(s), appeal or trial or any procedural challenges encountered, together with the outcome and any significant issues emerging from inception to completion of the matter being adjudicated.

3. In the case of a bill of costs furnished by a legal practitioner to a client, particulars of time spent need only be included where time is a factor in the calculation of the legal costs concerned – see section 152(2)(d), Legal Services Regulation Act 2015.

4. Where an agreement has been made under section 151 of the 2015 Act by a legal practitioner and the legal practitioner’s client, please note that the rules of court prescribing the content of the bill of costs shall have application subject to sections 152(5) to (7) Legal Services Regulation Act 2015.

5. The summary of legal services should be completed for each section of the bill (viz. A, B, C etc.) under which the services fall. In the case of a bill of costs furnished by a legal practitioner to a client, the summary should include in the appropriate section the amount, where known to the legal practitioner, of any damages or other moneys that are recovered by, or payable to, the client and that arose from the matter in respect of which the legal services were provided and the amount of any legal costs recovered by or payable to the legal practitioner concerned on behalf of the client, including costs recovered from another party, or an insurer on behalf of another party, to the matter concerned (see section 152(2)(e) and (f), Legal Services Regulation Act 2015).

6. Where the scales of costs in Appendix W of the Rules of the Superior Courts identify, or prescribe the amount of, an item of legal costs, that item should be separately identified in the relevant section of the bill of costs, and any amount prescribed in respect of same should be included under Column 4.

7. Where work in different sections overlapped or was undertaken in parallel, the dates of the stages may overlap, although care should be taken to ensure that a charge for work done made in one stage is not duplicated in another.

8. The totals for each relevant section should be added in the summary of costs.

9. In the case of solicitors’ costs, in the column (Name of Solicitor etc.) specify the grade (e.g. senior partner, partner, assistant solicitor, legal executive, etc.) of each solicitor or other member of the solicitor’s staff involved for whose work a charge is claimed.  Where relevant to the rate claimed, the year of qualification or number of years’ post-qualification experience should be shown.

10. Where guidelines issued by the Chief Legal Costs Adjudicator as to the costs, fees or expenses recoverable for specific items of work done or steps taken apply to the bill, these items or steps should be individually itemised within the part of the bill under which they  arise.

11. Where more than one Counsel or expert has been retained, set out the fees charged for each Counsel or expert separately within the part of the bill concerned.

12. Where Solicitor’s, Counsel’s or an expert’s fees are not based on an hourly rate, particulars of an hourly rate are not required to be included.

13. Communications by letter, e-mail, telephone etc. of a routine nature need not be individually itemised. An indication may be given in the part of the bill concerned of the number of such letters or communications sent or made by the legal practitioner concerned (identifying generally the parties or persons to whom they were sent), or received by the legal practitioner. 

 

 

SUMMARY OF TOTAL COSTS CLAIMED

 

Solicitors’ Costs

 

VAT

 

 

Counsels’ Fees

 

VAT

 

Other disbursements

 

VAT

 

Total costs claimed

 

VAT Registration No(s)

 

 

 

For Legal Costs Adjudicator’s use only
SUMMARY OF TOTAL COSTS ALLOWED ON ADJUDICATION

 

Solicitors’ Costs

 

VAT

 

 

Counsels’ Fees

 

VAT

 

Other disbursements

 

VAT

 

Total costs allowed

 

 

A. COSTS INCURRED BEFORE COMMENCEMENT OF PROCEEDINGS

SUMMARY OF SERVICES IN THIS SECTION OF THE BILL
FOR WHICH COSTS ARE CLAIMED

[Set out a concise summary of the services for which the costs are claimed under section A. The nature of the instructions received, the specific inquiries and investigations undertaken. The nature of the facts and the law investigated and any experts or counsel retained and witnesses interviewed. The summary should avoid lengthy recital of the content of  correspondence, reports or other documentation.]

Column 1

Column 2

Column 3

Column 4

Column 5

 

SOLICITORS’ COSTS

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

A.1.1

 

 

 

 

 

A.1.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Solicitors

[insert an additional row(s) for each person and/or rate concerned]

Name

Grade

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

Other staff

[insert an additional row(s) for each person and/or rate concerned]

 

 

 

 

 

 

 

 

 

 

 

COUNSEL’S FEES

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

A.2.1

 

 

 

 

 

A.2.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Counsel

[insert an additional row(s) for each person and/or rate concerned]

Name

 

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

 

 

 

 

 

 

EXPERTS’ FEES

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

A.3.1

 

 

 

 

 

A. 3.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Experts

[insert an additional row(s) for each person and/or rate concerned]

Name

 

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

EXPENSES

Item number

Date(s) on which or between which expense incurred

Description of expense claimed

Whether liable to VAT and rate

Claimed by party entitled

 

 

 

 

 

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 5

 

A.4.1

 

 

 

 

 

 

A. 4.2 etc

 

 

 

 

 

Total

 

 

 

 

 

                       

 

B. COSTS FROM COMMENCEMENT TO TRIAL/SETTLEMENT DATE

SUMMARY OF SERVICES IN THIS SECTION OF THE BILL

FOR WHICH COSTS ARE CLAIMED

 [Set out a concise summary of the services for which the costs are claimed under section B. Where the services relate to proceedings, outline the relief(s) claimed in the proceedings and the nature of the defence, the matters of fact and law pleaded, and the issues of fact and law in dispute, the course of the proceedings and the outcome at trial or settlement. The summary should avoid lengthy recital of the content of pleadings, evidence, correspondence or other documentation.]

Column 1

Column 2

Column 3

Column 4

Column 5

 

SOLICITORS’ COSTS

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

B.1.1

 

 

 

 

 

 

B. 1.2 etc

 

 

 

 

 

 

Total

 

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Solicitors

[insert an additional row(s) for each person and/or rate concerned]

Name

Grade

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

Other staff

[insert an additional row(s) for each person and/or rate concerned]

 

 

 

 

 

 

 

 

 

 

 

COUNSEL’S FEES

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

B.2.1

 

 

 

 

 

B.2.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Counsel

[insert an additional row(s) for each person and/or rate concerned]

Name

 

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

EXPERTS’ FEES

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

B.3.1

 

 

 

 

 

B 3.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Experts

[insert an additional row(s) for each person and/or rate concerned]

Name

 

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

EXPENSES

Item number

Date(s) on which or between which expense incurred

Description of expense claimed

Whether liable to VAT and rate

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 5               

 

B.4.1

 

 

 

 

 

B 4.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

                       

 

C. COSTS INCURRED DURING COURSE OF TRIAL/ SETTLEMENT AND UP TO DETERMINATION OF PROCEEDINGS

SUMMARY OF SERVICES IN THIS SECTION OF THE BILL

FOR WHICH COSTS ARE CLAIMED

 [Set out a concise summary of the services for which the costs are claimed under section C. Where the work involves preparing for the trial or the hearing, set out the work done in briefing counsel, interviewing witnesses, where not already captured elsewhere, arranging pre-trial consultations, attendance and scheduling witnesses, compiling the brief for counsel, documents for use at and during the trial and where the matter does not proceed to a trial, work done in connection with negotiating a settlement and the required implementation thereof.]

Column 1

Column 2

Column 3

Column 4

Column 5

 

SOLICITORS’ COSTS

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

C.1.1

 

 

 

 

 

C.1.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Solicitors

[insert an additional row(s) for each person and/or rate concerned]

Name

Grade

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

Other staff

[insert an additional row(s) for each person and/or rate concerned]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COUNSEL’S FEES

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

C.2.1

 

 

 

 

 

C.2.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Counsel

[insert an additional row(s) for each person and/or rate concerned]

Name

 

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

 

 

 

 

 

 

EXPERTS’ FEES

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

C.3.1

 

 

 

 

 

C. 3.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Experts

[insert an additional row(s) for each person and/or rate concerned]

Name

 

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

EXPENSES

Item number

Date(s) on which or between which expense incurred

Description of expense claimed

Whether liable to VAT and rate

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 5

 

C.4.1

 

 

 

 

 

C. 4.2 etc

 

 

 

 

 

Total

 

 

 

 

 

                       

 

D. COSTS INCURRED SUBSEQUENT TO TRIAL

SUMMARY OF SERVICES IN THIS SECTION OF THE BILL

FOR WHICH COSTS ARE CLAIMED

 [Where required, taking up Order of the Court, and/or arranging implementation of the settlement, dealing with the outstanding matters, such as discharge of special and other damages, payment of expert and witnesses’ charges and expenses, negotiation and accounting for party and party costs, if applicable and attending to outstanding matters.]

Column 1

Column 2

Column 3

Column 4

Column 5

 

SOLICITORS’ COSTS

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

D.1.1

 

 

 

 

 

D.1.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Solicitors

[insert an additional row(s) for each person and/or rate concerned]

Name

Grade 

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

Other staff

[insert an additional row(s) for each person and/or rate concerned]

 

 

 

 

 

 

 

 

 

 

 

COUNSEL’S FEES

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

D.2.1

 

 

 

 

 

D.2.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Counsel

[insert an additional row(s) for each person and/or rate concerned]

Name

 

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

EXPERTS’ FEES

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

D.3.1

 

 

 

 

 

D. 3.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Experts

[insert an additional row(s) for each person and/or rate concerned]

Name

Grade

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

EXPENSES

Item number

Date(s) on which or between which expense incurred

Description of expense claimed

Whether liable to VAT and rate

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 5

 

D.4.1

 

 

 

 

 

D. 4.2 etc

 

 

 

 

 

Total

 

 

 

 

 

                       

 

E.  (SEE NOTE 1 IN NOTES ON PREPARATION OF THE BILL OF COSTS)

SUMMARY OF SERVICES IN THIS SECTION OF THE BILL

FOR WHICH COSTS ARE CLAIMED

      [Set out a concise summary of the services undertaken, where not otherwise capable of being reasonably provided for in part A, B, C or D. Where the services relate to proceedings, outline the relief(s) claimed in the proceedings and the nature of the defence, the matters of fact and law pleaded, and the issues of fact and law in dispute, the course of the proceedings and the outcome at trial or settlement. The summary should avoid lengthy recital of the content of pleadings, evidence, correspondence or any other documentation.]

Column 1

Column 2

Column 3

Column 4

Column 5

 

SOLICITORS’ COSTS

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

E.1.1

 

 

 

 

 

E.1.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Solicitors

[insert an additional row(s) for each person and/or rate concerned]

Name

Grade

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

Other staff

[insert an additional row(s) for each person and/or rate concerned]

 

 

 

 

 

 

 

 

 

 

 

COUNSEL’S FEES

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

E.2.1

 

 

 

 

 

E.2.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Counsel

[insert an additional row(s) for each person and/or rate concerned]

Name

 

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

EXPERTS’ FEES

Item number

Date(s) on which or between which work carried out

Detailed description of work done for which costs are claimed

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 4

 

E.3.1

 

 

 

 

 

E. 3.2 etc.

 

 

 

 

 

Total

 

 

 

 

 

Hourly Rates for persons for whom an hourly rate is charged or claimed        

 

Experts

[insert an additional row(s) for each person and/or rate concerned]

Name

 

Hourly rate (€)

Time spent by that person

(by reference to time records kept, or if not kept, an estimate of the time spent) and dates between which this rate is claimed

 

 

 

 

 

 

 

EXPENSES

Item number

Date(s) on which or between which expense incurred

Description of expense claimed

Whether liable to VAT and rate

Claimed by party entitled

For Legal Costs Adjudicator’s use only

 

Notes/

Amount disallowed (if any) in respect of amount claimed in column 5

 

E.4.1

 

 

 

 

 

E. 4.2 etc

 

 

 

 

 

Total

 

 

 

 

 

                       

 

_________

No. 4

O. 99, r. 37

NOTICE OF APPLICATION FOR CONSIDERATION OF A DECISION(S) AND FOR A DETERMINATION UNDER SECTION 160(1) OF THE LEGAL SERVICES REGULATION ACT 2015

[Insert title of action, arbitration or as appropriate]

*Costs awarded to A.B. as Plaintiff [or as the case may be] in the above-entitled proceedings

*Costs between A.B. of ………….. legal practitioner and C.D. of ………..as client

TAKE NOTICE that *I/*we as

*the person in whose favour the order to pay costs has been made

*the person who is the subject of the order to pay costs

*the client concerned

*the legal practitioner concerned

hereby apply to Legal Costs Adjudicator ………..

for consideration of the following decision(s) comprised in a *determination *report of the Legal Costs Adjudicator given on the …day of ………..20…. and for a determination in respect thereof under section 160(1) of the Legal Services Regulation Act 2015 - 

[Set out sequentially in a short and concise form the matters or items, or parts thereof, to which each objection relates to and the grounds and reasons for each such objection. e.g.

1. Decision not to confirm a charge of the sum of €….. for ……. (item [insert reference to item number and section in which it appears] in bill of costs)

Grounds for this objection:

2. Decision to determine a different amount to be charged in the sum of €….. for ……. (item [insert reference to item number and section in which it appears] in bill of costs) 

Grounds for this objection:                                                                       etc.]

Dated …………………20……..

Signed…………………………………

of  ………………………….…..

To: Legal Costs Adjudicator ……..
Office of the Legal Costs Adjudicators

 

And to…………………………………

of  ………………………….…..
*delete where inapplicable

[Office use only]

The initial return date assigned to this application is …………………20…….. The application for adjudication must be served so as to allow 14 clear days to elapse between the day of service and the initial return date.

_________

 

No. 5

O. 99, r. 57(3), (4)

NOTICE OF LODGMENT IN SATISFACTION OF COSTS

_______

[Title of action or matter].


Take notice that the [defendant, plaintiff, client, or as the case may be] has paid into Court the following sums, namely:

(i) in respect of [name] Solicitors, the sum (inclusive of Value Added Tax, where applicable) of                       €…..

(ii) in respect of A.B., Counsel, the sum (inclusive of Value Added Tax, where applicable) of                           €…..

in respect of C.D., Counsel, the sum (inclusive of Value Added Tax, where applicable) of                                €…..           €…...

(iii) in respect of all disbursements and outlay (other than in respect of legal practitioners’ fees), the sum of   €…..

making in total the sum of                                                                                                                                   €…. ,

and says that that sum is enough to satisfy the claim for costs of the [plaintiff, defendant, legal practitioner, or as the case may be].

Dated

(Signed)

To [the party entitled to costs or legal practitioner concerned, as the case may be].

_________

No. 6


O. 99, r. 58(1)

ACCEPTANCE OF SUM PAID INTO COURT IN SATISFACTION OF COSTS.
_______

[Title of action or matter].

Take notice that the [plaintiff, defendant. legal practitioner, or as the case may be] accepts the sum of € .... paid by you into Court in satisfaction of the claim to costs in respect of which it is paid in.

Dated

(Signed)

To [the paying party or client concerned, as the case may be].