Protest at client costs ruling rejected

A complaint was made to the Master of the High Court yesterday that he had delivered, without notice to lawyers involved in the case, a judgment in which he made a unique order directing a solicitor to repay to his client the costs of bringing a "pointless" court application.

Pádraig McCartan SC told the Master, Edmund Honohan, that he had only learned about the judgment, delivered on Thursday morning, when it was reported in the media. Mr McCartan, for the plaintiff, said he was "very concerned" to have first heard it on the news on Thursday evening.

Mr McCartan had understood judgment in the case was to be given yesterday and he wanted an explanation.

A second counsel said she too had understood judgment was to be given yesterday. Both also said the matter had not been listed in the legal diary on Thursday.

However, Mr Honohan rejected the criticism. He said he had said he would give judgment on February 2nd, not February 3rd. He added that he had not made formal orders in the case on Thursday because neither side was represented in court.

Mr Honohan said copies of his judgment were available and he made formal orders in the case including an order directing that the costs of an unsuccessful application by the plaintiff's side for interrogatories (involving procuring sworn answers to particular questions) be awarded to the defendant with a stay on that order pending the outcome of the action.

He also made an order disallowing the plaintiff's solicitor his costs of the application and requiring the solicitor to reimburse to their client the costs of the application. In the event of an appeal against that costs order, the Master said he was appointing a solicitor to act for the plaintiff in that appeal.

Yesterday's orders arose from a lengthy judgment delivered by Mr Honohan on Thursday which he described as "a wake-up call" to solicitors about high legal costs. He ruled he had jurisdiction to make "wasted" costs orders against solicitors "on the spot" at each stage of legal proceedings.

"Last night Mr Ken Murphy, director general of the Law Society, said they were writing to request a copy of the judgment: "These applications are made on the instructions of clients and the advice of counsel. They are made to help identify issues in dispute in advance and thereby greatly reduce the length and cost of trials. The society is surprised at the unprecedented nature of Master Honohan's order and would be interested to hear what he believes to be the legal basis and justification on the facts for this decision".