Notes on preparation of the bill of costs
The bill is divided into sections. Only those sections which are applicable to the services to which the legal costs relate should be included.
Sections A, B, C and D in the form should be inserted where the services to which the costs relate are in respect of legal proceedings. A section may be deleted where it is not appropriate to the services, in which event the enumeration (A, B, C etc.) should be revised as necessary. Section E should be included where the services to which the costs relate do not relate to legal proceedings or the services do relate to legal proceedings but do not fall within those referred to in Sections A, B, C or D.
It is a requirement, in addition to the mandatory obligations as to content of the bill of costs prepared in accordance with the requirements contained in parts A, B, C, D and E, that a single chronological summary is contained within each bill of costs lodged for adjudication. This should contain a summary of the issues addressed in the case, a chronological overview of the steps undertaken, significant milestones in the matter and the outcome of any interim or interlocutory application(s), appeal or trial or any procedural challenges encountered, together with the outcome and any significant issues emerging from inception to completion of the matter being adjudicated.
In the case of a bill of costs furnished by a legal practitioner to a client, particulars of time spent need only be included where time is a factor in the calculation of the legal costs concerned.
Where an agreement has been made into costs by a legal practitioner and the legal practitioner’s client this is effectively deemed to be the bill of costs.
The summary of legal services should be completed for each section of the bill (viz. A, B, C etc.) under which the services fall. In the case of a bill of costs furnished by a legal practitioner to a client, the summary should include in the appropriate section the amount, where known to the legal practitioner, of any damages or other moneys that are recovered by, or payable to, the client and that arose from the matter in respect of which the legal services were provided and the amount of any legal costs recovered by or payable to the legal practitioner concerned on behalf of the client, including costs recovered from another party, or an insurer on behalf of another party, to the matter concerned
Where the scales of costs in Appendix W of the Rules of the Superior Courts identify, or prescribe the amount of, an item of legal costs, that item should be separately identified in the relevant section of the bill of costs, and any amount prescribed in respect of same should be included under Column 4.
Where work in different sections overlapped or was undertaken in parallel, the dates of the stages may overlap, although care should be taken to ensure that a charge for work done made in one stage is not duplicated in another.
The totals for each relevant section should be added in the summary of costs.
In the case of solicitors’ costs, in the column (Name of Solicitor etc.) specify the grade (e.g. senior partner, partner, assistant solicitor, legal executive, etc.) of each solicitor or other member of the solicitor’s staff involved for whose work a charge is claimed. Where relevant to the rate claimed, the year of qualification or number of years’ post-qualification experience should be shown.
Where guidelines issued by the Chief Legal Costs Adjudicator as to the costs, fees or expenses recoverable for specific items of work done or steps taken apply to the bill, these items or steps should be individually itemised within the part of the bill under which they arise.
Where more than one Counsel or expert has been retained, set out the fees charged for each Counsel or expert separately within the part of the bill concerned.
Where Solicitor’s, Counsel’s or an expert’s fees are not based on an hourly rate, particulars of an hourly rate are not required to be included.
Communications by letter, e-mail, telephone etc. of a routine nature need not be individually itemised. An indication may be given in the part of the bill concerned of the number of such letters or communications sent or made by the legal practitioner concerned (identifying generally the parties or persons to whom they were sent), or received by the legal practitioner.
A. BEFORE COMMENCEMENT OF PROCEEDINGS
- Taking client’s instructions preliminary to the bringing or defence of the proceedings
- Issuing notice under section 150, Legal Services Regulation Act 2015
- Factual inquiries, including attending on and corresponding with client and with witnesses and potential witnesses
- Inspecting any property or place material to the proceedings
- Making searches or inquiries in any relevant public office and elsewhere for relevant particulars or documents
- Correspondence with Personal Injuries Assessment Board [where applicable]
- Obtaining expert report and other reports in anticipation of proceedings
- Obtaining consent of person to act as next friend or guardian ad litem and consent or approval of any other interested partyNote: This item includes preparing the form of consent or approval. €25
- Obtaining consent to release of records Note: This item includes preparing the form of consent or approval. €15
- Obtaining any other form of consent Note: This item includes preparing the form of consent or approval. €15
- Preparing and delivering instructions to counsel to advise as to institution of proceedings
- Preparing letter of claim/letter before action
- Preparing letter advising on availability and potential providers of mediation
- Preparing and making application for leave to issue proceedings, where necessary
B.FROM COMMENCEMENT TO TRIAL/SETTLEMENT DATE
ISSUANCE OF PROCEEDINGS, PLEADINGS ETC.
- Preparing, issuing, and service on one party of originating summons, petition, originating notice of motion or third party notice including, where relevant, endorsement for service out of the jurisdiction under Order 11A (excluding attendance on counsel) €75
- Issue and service on one party of concurrent originating summons Note to item 15 and 16: — References in these items to service on one party of an originating summons shall, in relation to a summons in an admiralty action in rem, be construed as reference to service of the summons on a ship.
- Preparing, serving and, where appropriate, filing any verifying affidavit €35
- Renewing an originating summons issued, including preparing and filing affidavit, attending on application for renewal and obtaining order
- Preparing, issuing, filing and service on one party of notice of motion (other than an originating motion)
- Preparing and filing and, where relevant, service on one party of affidavit supporting notice of motion (other than an originating motion)
- Preparing, filing and service on one party of notice of appeal or case stated
- Preparing and filing and, where relevant, service on one party of grounding affidavit in proceedings by originating notice of motion or special summons, or affidavit of verification in personal injuries action or defamation action
- Obtaining fiat of the Attorney General, where required
- Entry of appearance and giving notice thereof €25
- Entry of appearance contesting jurisdiction and application contesting jurisdiction
- Preparing, filing and delivery to one party of statement of claim €75
- Considering pleading received and taking instructions thereon (including as to any matter of fact or expert opinion) and preparing, filing and delivery to one party of defence (and counterclaim), answer to petition, reply, or other pleading required or permitted in response
- Preparing, filing and delivery to one party of affidavit of verification of defence in personal injuries action or defamation action €35
- Advising on any lodgment or tender with defence or advising on and effecting any lodgment of money with a pleading (to include giving notice thereof)
- Preparing, filing and service on one party of application to transfer to Commercial List or for case management, where relevant
- Preparing, filing and service on one party of reply to application to transfer to Commercial List or for case management, where relevant
- Preparing for and attending any case management conference or hearing and work done to comply with case management directions
- Preparing and delivery to one party of request for particulars of pleading (including affidavit of verification where required)
- Preparing and delivery to one party of replies to request for particulars (including affidavit of verification where required)
- Preparing and filing of preliminary act, or declaration of insolvency, preparing notice of filing and service on one party of such notice
- Preparing amendment of summons or pleading, and service on or delivery to, one party of amended document
- Preparing notice of originating summons or other originating document, for service out of the jurisdiction under Order 11 €75
- Preparing any document, attending on any application, and doing any other work necessary to obtain—
(a) order for substituted service of any document;
(b) order giving leave to serve any document out of the jurisdiction;
(c) any other ex parte order, whether preliminary to or in the course of the proceedings, not otherwise provided for under any other item and obtaining order
(d) a citation and obtaining order
- Warning letter in relation to any application in default of pleading or for extension of time €15
- Taking instructions on, preparing and attending on the hearing of any motion for any application in default of pleading or for extension of time (including grounding affidavit)
- Taking instructions on, preparing and attending on the hearing of the response to any motion for any application in default of pleading or for extension of time (including grounding affidavit)
- Taking instructions on and preparing any motion and affidavit for any substantive interlocutory application, other than default of pleading/extension of time or discovery (e.g. interlocutory injunction)
- Considering any motion and affidavit received, and taking instructions on and preparing any substantive replying affidavit for any substantive interlocutory application, other than default of pleading/extension of time or discovery (e.g. interlocutory injunction)
- Taking instructions on and preparing any substantive affidavit in any proceedings to be heard on affidavit
- Considering any affidavit received, and taking instructions on and preparing any substantive replying affidavit in any proceedings to be heard on affidavit
- Perusing pleadings, affidavits and other relevant documents
- Preparing instructions to counsel for written opinion or advice or instructions to settle any document
- Attending counsel in consultation
DISCOVERY AND INSPECTION
- Preparing and delivery of request for voluntary discovery to a party
- Preparing and delivery of request for voluntary discovery to a non-party
- Identification of document custodians and their records
- Taking instructions on, preparing and attending on the hearing of the response to any motion for discovery
- Taking instructions on, preparing and attending on the hearing of the response to any motion for discovery
- Preparing, filing and service of affidavit of documents or list of documents
- Preparing, filing and service of—(a) interrogatories for examination of a party, or(b) affidavit in answer to interrogatories
- Attending to inspect and take copies of, or reviewing electronic copies of, another party’s scheduled documents
- Review of discovery documents (party’s own, opposing party’s/parties’ and/or any non-party discovery)
PREPARATION FOR TRIAL, ETC.
- Attending on and corresponding with any witness and preparing proof of evidence available
- Where relevant, briefing and obtaining any updated expert report
- Preparing and issuing order or notice of subpoena ad testificandum for any number of persons not exceeding three and the same for every additional number not exceeding three €15
- Preparing and issuing order or notice of subpoena duces tecum for any number of persons not exceeding three and the same for every additional number not exceeding three €15
- Preparing and service of notice—
(a) to produce for inspection document referred to in pleading or affidavit
(b) to produce document at trial or hearing
(c) to admit any document or fact €15
- Attending to obtain appointment to examine witness and on examination of witness before any commissioner, officer of the court or other person appointed to examine him, for each day of examination. Note:—The solicitor shall also be allowed travelling expenses reasonably incurred by him.
- Work done in connection with the mediation of proceedings
- Preparing instructions to counsel to advise on proofs
- Setting down for trial or hearing €75
- Preparing trial brief with observations to counsel and proofs of evidence
- Work done in connection with the negotiation of a settlement
- Attending on the appropriate officer to inform him that a cause or matter set down for trial or hearing is settled and may be listed accordingly €15
- Preparation for trial or hearing of any cause or matter, petition or motion, whatever the mode of trial or hearing (including the taking of accounts or making of inquiries) excluding any work referred to in previous items
C. COSTS INCURRED DURING COURSE OF TRIAL
/ SETTLEMENT AND UP TO DETERMINATION OF PROCEEDINGS
TRIAL OR HEARING
- Attending sittings for purposes of(a) trial or hearing of a cause, matter or appeal for each day
- onwhich the cause, matter or appeal is included in list to be tried or heard, but is not begun
- trial or hearing
- hearing reserved judgment
- subsequent hearing on form of relief and/or costs
- Notes to item 71:
- if the solicitor has to attend on more than one hearing or trial at the same time and place, the expense shall in such case be reasonably divided;
- the solicitor shall also be allowed travelling expenses reasonably incurred by him;
- this item does not relate to the attendances mentioned in item 73.
- Attending hearing of summary or special summons or motion before the Court, for each day
- Attending before the Master, the Examiner, or a Registrar, or to vouch publication of advertisement or any necessary service
- Preparing and delivering papers required for the use of a Judge, the Master, the Examiner or a Registrar
D. COSTS INCURRED SUBSEQUENT TO TRIAL
- Attending to enter or bespeak order or judgment €15
- Attending to lodgment of funds in court (where applicable)
APPLICATION FOR LEAVE TO APPEAL/APPEAL
- Taking client’s instructions for appeal from the High Court to the Court of Appeal from interlocutory or final judgment or order
- Preparing instructions to counsel for appeal from the High Court to the Court of Appeal
- Taking client’s instructions for application for leave to appeal from the High Court to the Supreme Court in a leapfrog appeal
- Preparing instructions to counsel for application for leave to appeal from the High Court to the Supreme Court in a leapfrog appeal
- Taking client’s instructions for application for leave to appeal from the Court of Appeal to the Supreme Court
- Preparing instructions to counsel for application for leave to appeal from the Court of Appeal to the Supreme Court
- Preparing notice of appeal €75
- Preparing notice of application for leave to appeal €75
- Preparing respondent’s notice (Court of Appeal) €75
- Preparing respondent’s notice (Supreme Court) €75
- Preparing and compiling particulars of costs incurred and completion of requirements of s 152 and s 154 of the Legal Services Regulation Act, 2015
- Notice of application for adjudication €40
- Preparation of index, engrossing Bill of Costs and preparation of papers for Adjudication, including reasonable copies for service and filing
- Lodging and serving bill of costs and issuing, serving and filing notice to tax or adjudicate
- Attending taxation or adjudication, completing bills, vouching, and certificate and taxation or adjudication
- Preparing application for consideration by Legal Costs Adjudicator of decision under section 160(1) of the Legal Services Regulation Act 2015 or answer to objections, including copies for service and filing; delivery to one party of such objections or answers and attending hearing or review by Legal Costs Adjudicator — if objections sustained
- (a) Preparing and attending to obtain issue of order of fieri facias, sequestration or attachment, any subsequent order for giving effect thereto and any other order to enforce a judgment or order
- (b) Copies of any such order (where necessary) €15
- (a) Preparing notice of renewal of order of execution€10(b) Procuring renewal of order of execution €15
- To register a judgment, order, bond, lis pendens or recognisance €15
- To vacate a recognisance or enter satisfaction of a judgment (over and above outlay) €15
- Application or request for certificate to allow enforcement of a judgment in another EU Member State Query amount to be set
MISCELLANEOUS MATTERS (REGARDLESS OF STAGE OF PROCEEDINGS AT WHICH UNDERTAKEN) ATTENDANCES
- Necessary and proper attendances not provided for or allowed under any other itemNote: The solicitor shall also be allowed reasonable travelling expenses actually incurred
PREPARING DOCUMENTS NOT OTHERWISE PROVIDED FOR
- Preparing affidavit of service or other formal affidavit Note: This item includes engrossing affidavit, attending to have it sworn and to file it €25
- Preparation for marking by commissioner for oaths of exhibits to affidavit €10 per exhibit
- Preparing advertisement for Iris Oifigiúil or newspaper or other advertisement to be approved by the Examiner or a Registrar Note: This item includes attending to obtain approval, where required €25
- Preparing accounts, statements and other documents required for use in Court
- Preparing, issuing, filing and service on one party of notices issued, by direction of the Court, a Legal Costs Adjudicator or Registrar €25
- Preparing motion docket on ex parte application to the Master €25
- Preparing and engrossing recognisance €25
- Preparing and engrossing satisfaction piece and affidavit €25
- Preparing or filling up a notice to a creditor requiring him to prove his claim €25
- Preparing any notice or document not otherwise provided for €25
- Printed copies documents (per page) 20 cent
- Examining and certifying copies, where required €15
- Effecting personal service where more than one attendance is necessary to effect service
- Personal service within the jurisdiction of a summons, petition, pleading or notice required to be served on, or delivered to, more than one person
- Registered post service within the jurisdiction of a summons, petition, pleading or notice required to be served on, or delivered to, more than one person €15
- Service out of the jurisdiction of a summons, petition, pleading (or notice thereof) using transmitting agency under EU Service Regulation €15
- Service out of the jurisdiction of a summons, petition, pleading (or notice thereof) using Central Authority under Hague Service Regulation €25
- Personal service or delivery of any document, not provided for or allowed under any other item (to be described in bill of costs)
- Registered post service or delivery of any document, not provided for or allowed under any other item (to be described in bill of costs) €15
Notes to items nos. 70 and 78 to 83:
These items are intended to cover the doing of any work, not otherwise provided for, necessarily or properly done in preparing for a trial, negotiation of a settlement, mediation hearing or appeal, or before a settlement of the matters in dispute, including: —
- taking instructions to sue, defend, counter-claim, appeal, seek leave to appeal, or oppose an application for leave to appeal or an appeal, or for any pleading, particulars of pleading, affidavit, preliminary act or a reference under Order 64, rule 46;
- considering the facts and law;
- attending on and corresponding with client;
- interviewing and corresponding with witnesses and potential witnesses and taking proofs of their evidence;
- arranging to obtain reports or advice from experts and plans, photographs and models;
- making search for relevant documents;
- inspecting any property or place material to the proceedings;
- perusing pleadings, affidavits and other relevant documents;
- where the cause or matter does not proceed to trial or hearing, work done in connection with the negotiation of a settlement; and
- the general care and conduct of the proceedings (including Post-Trial Work).
Charge allowable: if no amount is stated, the amount of the charge is at the discretion of the Legal Costs Adjudicator unless otherwise provided.
COSTS OF JUDGMENT IN DEFAULT OF APPEARANCE.
- DISTRICT COURT JURISDICTION: If the amount of the judgment does not exceed €15,000
— Such sum as would be appropriate to a judgment for a like amount in the District Court.
- CIRCUIT COURT JURISDICTION: If the amount of the judgment exceeds €15,000 but does not exceed €75,000
— Such sum as would be appropriate to a judgment for a like amount in the Circuit Court.
- HIGH COURT JURISDICTION: If the amount of the judgment exceeds €75,000
— €121 and €12 for each additional service after the first; and this amount shall in every case be exclusive of and in addition to all actual and necessary outlay.