Courts / Cork / Report
Legal fees can be included as part of personal insolvency arrangements
Summary
The High Court ruled that legal fees can be included in a Personal Insolvency Arrangement (PIA). The case involved Mary and Michael Daly, who were ordered to pay €179,000 in damages and €77,000 in legal costs to Mae Rae after their two Rottweiler dogs attacked her in 2012. The Dalys, claiming insolvency, sought to enter a PIA and included the legal fees but not the damages in their proposal. Mae Rae, represented by Gerard Nicolas Murphy BL, appealed, arguing that the fees should be treated like the damages and excluded under the 2012 Personal Insolvency Act. Mr Justice Alexander Owens dismissed the appeal, agreeing that the legal fees could be included as a debt in the PIA, while noting no order was made regarding the parties' application costs. The Dalys' PIA will be considered by the Circuit Court later.
Who, what, where, when and why
What: Report matter: Legal fees can be included as part of personal insolvency arrangements. Procedural stage: appeal
When:
- July 15, 2012 Incident
- 2023-01-23 Publication
Case subjects
Appellant
Places mentioned
Topics
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