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Legal Services Regulation Act 2015
October 14, 2019
Part 10 of the LSR Act commenced on 7th October 2019 - Legal Costs
Part 10 of the LSRA 2015 was commenced on the 8th October 2019, this provides for the transition of the office of the Taxing Master to that of Legal Costs Adjudicators who will maintain a publicly accessible register of its legal costs determinations.
This also sets out the duties of legal practioners in relation to costs, the requirement to provide Section 150 Notices regarding costs (replacing Section 68 Notices), payments regarding costs and obligations upon legal practioners.
In addition Part 10 deals with the Adjudication of Legal Costs
The Government on the 27th September 2024 approved the appointment of Mr Barry Magee as Chief Legal Costs Adjudicator. The vacancy will arise on 7 October 2024 upon the retirement of the current Chief Legal Costs Adjudicator Mr Paul Behan. Mr. Magee joined the Office of the Legal Costs Adjudicator in 2020, having qualified as a solicitor in 2000. Having initially worked in private practise, he went on to hold positions in both the Chief State Solicitors Office and the Railway Procurement Agency, as well as being the Chairperson of the Refugee Appeals Tribunal/International Protections Appeals Tribunal. The outgoing Chief Legal Costs Adjudicator Mr. Paul Behan was appointed with the commencement of the Legal Services Regulation Act in 2019. Paying tribute to his achievements, Minister McEntee said: “Mr. Behan played a pivotal role in overseeing significant changes in Irish law as the first Chief Legal Costs Adjudicator." “He was a guiding force in setting up the structures and systems and High Court Rules required for the implementation of then new Office of the Legal Costs Adjudicators in 2019." “The change that occurred in this area of law called for a leader of exceptional experience and expertise, and Mr. Behan rose to the challenge." “I would like to wish him all the best as he begins the next chapter of his life.”
S.I. 584 of 2019 - Rules of the Superior Courts (Costs) 2019 provided for the transition from the Taxation system to the new Legal Costs Adjudication regime. The Rules are a detailed 85 page document that replace in its entirety Order 99 of the Rules of the Superior Courts, the Rules provide for a lodgement and tender process in respect of disputed costs and provide for sanction by way of a liability for costs of the adjudication where a lodgement or tender has been made in excess of the costs determined to be paid.