The Gazette 1918-19

[FEBRUARY, 1919

The Gazette ol the Incorporated Law Society of Ireland.

52

details should be furnished. The judgment indicates the nature of the particulars that should be given. The length of the documents perused, the names of the witnesses who have been attended, the places to which journeys have been made, the time occupied in each, and expenses paid. The case is important as showing what may fairly be included in the item of " Instructions for Brief," the details that should be summarised under that head, and the great importance of keeping a full note of all work done in connection with the preparation for the trial. As regards attendances on Counsel, the Court of Appeal approved of the decision In re Catlin (18 Beav., 508) that it is not proper to allow for such attendances where no fee is paid to Counsel. Another matter dealt with in Slingsby's case is the payment to foreign lawyers. Frequently in the course of getting up the evidence, it is necessary for the Solicitor to employ lawyers abroad. The charges paid to these lawyers are properly included in the solicitor's bill of costs, but it is his duty to see that such charges are reasonable and proper and according to the scale of payment in force in the country where the charges are incurred. The Taxing Master should not allow the amount charged simply because it has been paid. Details of the charges by the foreign lawyers should be placed before the Master, and the onus is on the Solicitor bringing in the bill to prove they are fair and reasonable. Such charges are not to be allowed simply because the other side have not produced evidence to show that they are excessive. THE Society's Calendar and Law Director}' for 1919 can be obtained in the Secretary's Office, price four shillings ; by post, four shillings and sixpence. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, Solicitors' Buildings, Four Courts, Dublin

Briefs—Payments

for

Costs — Instructions

to Foreign Lawvers—Attendances Counsel. The most important item as regards the Solicitors' remuneration in the costs of an action is beyond question the item " Instruc tions for Briefs." In fact, the trouble involved in most records is so considerable that unless the solicitor obtains a fair allowance for this item he is practically without any fair reward for his services. It is accordingly of first importance to the solicitor to see that this fee is properly dealt with in his bill of costs, and the attention of the profession is called to the recent case in the Court of Appeal (England) on this subject (see Slingsby v. Attorney-General, 1918, p. 236). In the Irish Schedule of Fees, Rules of Supreme Court, 1905, Appendix S., Part I., Item 73, the ordinary fee for Instructions for Brief on hearing or trial of action is set down at £1 Is. Od., but under Order LXV., Rule 65 (3), the Taxing Master is given a discretion on special grounds to make such further allowance as may be reasonable. This discretion except in the most trivial cases is invariably exercised by the Taxing Master to increase the schedule fee. Swinfen Eady, L.J., in the case referred to, says :—" The allowance to be made for " ' Instructions for Brief' is a matter " peculiarly within the discretion of the " Taxing Master." And he quotes with approval the judgment of Buckley, L.J. In the Estate of Ogilvie (1910, p. 243) :— " On questions of quantum the decision of " the Taxing Master is, generally speaking, " final. It must be a very exceptional case " in which the Court will even listen to an " application to review his decision." In the bill of costs before the Court there was a charge of £1,365 for " Instructions." The Master allowed £735, and the appeal was taken by the party liable for the payment. Certain particulars as to how the charge of £1,365 was made up were given in the bill, including details of work done before the litigation commenced. The Court came to the conclusion that the Master in exercising his discretion had not sufficient and proper materials to enable him to arrive at a correct conclusion, and remitted the item back to the Taxing Master with a direction that on