The High Court has upheld most of the legal costs claimed by Luke Boyne after his successful personal injury action against Dublin Bus and bus driver James McGrath, while referring one disputed expert fee back to the Taxing Master.
Boyne suffered significant injuries on 20 January 1999 after getting off a Dublin Bus and being struck by the vehicle. He had consumed alcohol before the accident and had no memory of the events after boarding the bus. The driver was unaware that an accident had occurred.
Dublin Bus contested liability and alleged contributory negligence. After a six-day High Court hearing in 2001, liability was apportioned 75% to the defendants and 25% to Boyne. Damages were assessed at €541,278.60, with judgment ultimately entered for €405,291.54 plus costs.
The later dispute concerned taxation of those legal costs. Dublin Bus challenged fees including €15,000 for senior counsel, €10,000 for junior counsel, daily refreshers of €3,000 and €2,000 respectively, and a €68,750 solicitor's instruction fee.
The defendants also argued that Boyne could not recover costs because his solicitors had allegedly failed to comply properly with section 68 of the Solicitors (Amendment) Act 1994, which required written information about charges.
Mr Justice Gilligan rejected that preliminary argument. He followed earlier authority holding that failure to provide a compliant costs letter did not automatically make a solicitor's retainer unenforceable or deprive a successful litigant of costs against the losing side. He also found that Boyne's solicitors' August 1999 letter adequately explained the basis on which fees would be calculated.
The court declined to interfere with the counsel fees, refresher fees or €68,750 instruction fee, finding no unjust exercise of the Taxing Master's discretion.
However, the judge found insufficient explanation for the treatment of a IR£3,000 fee charged by Peelo and Partners for an economic report, particularly because similar reports had previously been taxed at €952.30. That issue was remitted to the Taxing Master for clarification.