Legal costs bill arising from tribunal of inquiry cut by almost 40% when challenged, report shows

A disputed bill for legal costs of €305,356 arising from work at a tribunal of inquiry was reduced by almost 40 per cent when it was considered by the legal cost adjudicators’ office last year.
Disputed costs arising from three defamation and libel cases totalling €821,923 were reduced by almost half (to €415,396) when they were sent to the office for consideration, the 2023 annual report for the Office of Legal Cost Adjudicators shows.
Three appeals to the Supreme Court led to fees totalling €397,517 but, when the fees were contested, they were reduced to €75,323, or just 19 per cent of what was originally sought, the report shows.
The 181 determinations made during 2023 by the office saw costs claimed of €22.8 million being reduced when challenged by €8.9 million, or forty 40 per cent of what was originally sought, according to the report.
Parties in dispute over legal costs arising out of court actions can ask the legal cost adjudicators’ office to make a determination. The parties involved in the cases are not identified in the report.
Fifteen medical negligence cases led to total costs claimed of €7.19 million but when these were adjudicated upon, only €3.9 million was allowed. This equates to an average reduction in each case of €205,658.
A case involving the sale of land led to claimed fees of €60,668, but when adjudicated upon the amount allowed was €29,469.
In his forward to the report, the outgoing chief legal costs adjudicator, Paul Behan, said the number of valid applications filed during the year was 1,015, of which 996 proceeded to adjudication. This was an increase of 12 per cent on the previous year.
The value of the valid cases filed in 2023 was €163.5 million, a drop on the 2022 figure (€192.4 million).
Medical negligence claims – 67 cases involving total fees claimed of €39,974,904 – accounted for more than a third of the total value of the cases still outstanding at year’s end.
Parties unhappy with decisions by a legal costs adjudicator can apply to the High Court for a consideration hearing. There were 21 such applications during 2023, with five medical negligence cases involving total fees claimed of €3.5 million accounting for more than half of the €5.8 million at issue.