The president of the High Court has given permission to the Law Society to participate in a judicial review of a costs case involving taxing master Rowena Mulcahy. The society applied to be part of the judicial review after Ms Mulcahy withdrew from the case, which involved costs incurred in a personal injury action.
In documents filed at the High Court, Law Society president John Shaw said Ms Mulcahy’s withdrawal raised concerns that solicitors who challenged her decisions may not be “fairly and objectively treated”. He also said the manner in which costs cases were being conducted was “costly and burdensome for solicitors” and “disproportionate and unnecessary” for the nature of the adjudications.
The taxing master at the High Court, of which there are two, provides an independent assessment of legal costs incurred by an individual or company involved in litigation when the parties involved cannot reach agreement.
The personal injury case was settled in February 2013 and Ms Mulcahy made a decision on the costs last May.
Denis O’Sullivan & Co, the applicant’s solicitor, was granted leave to seek a judicial review of the process. He also formally applied to Ms Mulcahy to object to her costs decision.
According to Mr Shaw’s affidavit, Mr O’Sullivan got a letter from the taxing master’s office last June stating that in light of the statements Mr O’Sullivan made in his application for judicial review and in light of an article published by the Sunday Times on June 1st, Ms Mulcahy had “recused herself from taking the objections brought by the solicitor”. Mr Shaw said Ms Mulcahy had also “recused herself” from taxing costs in any other cases involving Mr O’Sullivan.
The conduct of Ms Mulcahy “in recusing herself from adjudicating upon all taxations of cost involving a practising solicitor” raised concerns about the “fair treatment” solicitors might expect in taxation of costs cases, Mr Shaw said. He said the society’s participation in the case was “necessary and appropriate”.It had implications for the entire solicitors’ profession as well as for clients and the general public. The Law Society will participate in the case as amicus curiae, a friend of the court.
