The High Court has directed the first defendant in an artificial hip case to pay €200,000 towards the plaintiff’s costs within 21 days of receiving a formal or final bill of costs. The payment is an interim amount only; the court did not decide what fees will ultimately be allowed.
The ruling on costs was delivered by Mr Justice Barr on 28 June 2017. The case concerned John Heeney’s claim against DePuy International Limited and the Health Service Executive. Heeney alleged that an artificial hip made by DePuy was defective, had to be removed and replaced, and caused him personal injury, loss and damage. He also claimed compensation under the Liability for Defective Products Act 1991. The defendants disputed the claims, and DePuy pleaded a “state of art” defence under the Act.
The action settled on 15 July 2015, when it came on for hearing, with DePuy agreeing to pay €250,000 in compensation and the plaintiff’s costs, to be taxed if not agreed. The costs remained disputed. Heeney’s solicitor submitted a short-form bill for €663,421 including VAT. DePuy’s legal costs accountants assessed the accepted items and queried others; Justice Barr estimated the defendant’s position at about €143,299 including VAT. DePuy later offered €125,000 as an interim payment.
For the plaintiff, senior counsel said the case involved extensive research into medical literature and about 20,000 disclosed documents. He argued that the case’s significance and complexity justified the fees claimed, including retaining two senior counsel and a second junior counsel. He also cited delays and cash-flow difficulties while costs awaited taxation. DePuy’s solicitor disputed that the claimed fees and additional counsel were justified, and said the plaintiff could submit a detailed bill for taxation.
Justice Barr said the court had limited information and had heard only limited argument about the disputed fees. It would be inappropriate to indicate what fees might be allowed or whether retaining additional counsel was reasonable; those questions were for the Taxing Master after detailed evidence and submissions. The €200,000 direction was a global payment on account and did not indicate the amount ultimately recoverable.
The judge said the plaintiff’s solicitor controls when a final bill is brought forward for taxation. He therefore tied payment to the defendant’s receipt of a formal or final bill, with payment due within 21 days. The supplied extract ends after that direction and does not state whether any further directions were made.