Fees must reflect the financial era: Judge

The President of the High Court has said “comfortable assumptions” that legal fees should continue as before, “without the slightest regard for privations experienced by citizens”, including other professionals, does not serve “the interests of justice”.

Mr Justice Nicholas Kearns made the remarks in a significant decision on fees claimed in a medical negligence case. He upheld a Taxing Master’s decision to cut to €276,00 the €485,000 claimed by Augustus Cullen Law, Wicklow, for a solicitors instruction fee based on a rate of €375 an hour. The defence had offered to pay a €250,000 instructions fee.

The judge noted that senior counsel in the case, Denis McCullough, had claimed a €125,000 brief fee on the grounds that the novelty and complexity of the case in the case meant it took him 100 hours to read the brief, plus daily refresher fees of €3,500.