The Gazette 1967/71

tially the present arrangements in the High Court for settling issues in advance in chambers before the Master. In conclusion, I should like to emphasise that I am not in any way to be taken as agreeing that the scale of fees referred to in the question is reasonable. Mr. Ryan : Is the Minister aware that these fees have been recommended as the minimum fees to be charged, that in fact these fees in some cases have been charged by many members of the medical profession for some time past and that the ordinary layman is naturally aggrieved when he is awarded damages in court with costs and subsequently finds himself obliged to part with an additional £30 or £40 in respect of the expenses of expert witnesses? The layman simply does not understand the legal gobbledegook and the fact that the taxing master, who is supposed to administer justice, administers it in such a way that the successful litiganth as to part with £30 or £40 in respect of witnesses' expenses. Mr. B. Lenihan: This is part of the total problem concerning the cost of litigation. As a general observation, I would say that in many cases, particularly in road accident cases, far too many technical witnesses, especially medical wit– nesses, are called on each side. That is why the Committee on Court Practice and Procedure have come forward with a suggestion for settling issues, primarily technical issues, with the Master before– hand. This should considerably cut costs in this sphere, which, as the Deputy is aware, are un– doubtedly rising. I would hope to have legislation on this aspect in the coming months, which I would hope would go some way to cutting these costs. I agree with the Deputy that it is a serious matter. Mr. Ryan: Would the Minister recommend that the gap between party and party expenses and solicitor and client expenses be closed? Mr. B. Lenihan : What the Deputy is suggesting is that the taxing master should allow costs in respect of technical witnesses, some of which are duplicating costs, and that I should suggest these costs be raised. I will not go that far. I think they are too high. Fees of Medical Witnesses Mr. Ryan asked the Minister for Health if, having regard to the great difficulty which people of limited means have in paying medico-legal fees for examinations, reports and court attendances of doctors, he will have steps taken to have of doctors, he will have steps taken to have such fees paid by health authorities in respect of medi- 18

the functions of masters and district registrars in civil cases by helping to reduce the area of dis– pute, but this would involve a fundamental change in criminal procedure which in our view is long overdue. The signs are that the Govern– ment are thinking radically on this subject: Lord Devlin has made a notable contribution to the moulding of informal opinion. [The Solicitors Journal]. LEGAL APPOINTMENT Mr. Michael T. Neary, solicitor, of 3 Raglan Road, Ballsbridge, has been appointed by the Government as Co. Registrar for the County and Co. Borough of Dublin with effect from 19th June. He succeeds Mr. Michael O Cleirigh, who re- retired recently. He was admitted a solicitor in 1943 and has since practised in Dublin. Mr. Ryan asked the Minister for Justice if, having regard to the new scale of minimum medico-legal fees on a solicitor-client basis recommended to be charged by medical witnesses for examinations, reports, consultations and court attendances, he will have copies of the new scales circulated to taxing masters and county registrars; and if steps will be taken to bring fees allowed on a party and party basis into line with the new scale of fees, having regard to the considerable burden which such fees impose upon injured persons, particu– larly poor persons, seeking remedies through the courts for the wrongs and injuries to them. Mr. B. Lenihan : The allowance to be made for fees of professional witnesses in the taxation of costs on a party and party basis is a matter for the taxing master where the proceedings are in the High Court and for the county registrar where the proceedings are Circuit Court proceedings. Costs on a solicitor and client basis are taxable by the taxing master. Any party aggrieved by a taxation may appeal to the High Court from a taxing master and to the Circuit Court from a county registrar. It is not for any professional body to say what fees should or should not be allowed on taxation. As this whole matter has an important bearing on the cost of litigation, I propose to refer it to the Committee on Court Practice and Procedure for examination. I have already asked the com– mittee to consider a proposal to improve substan– BAIL DEBATES 12th April 1967—Fees of Medical Witnesses