A judge at the High Court has characterised a legal bill of €33,000 as “unrealistic,” a result of an award from a trip-and-fall case amounting to €8,000. Justice Anthony Barr articulated that a defendant’s recoverable legal expenses should not absurdly outweigh the actual damages received. He stated that such a case ought to have been presented in the District Court instead of the Circuit Court, as it would have been less time-consuming and more cost-effective.
The District Court can grant up to €15,000 in damages, whereas the Circuit Court’s limit is €60,000. Justice Barr considered it “unrealistic” to process a case in a superior court than necessary, then ask for legal charges that quadruple the final award given. He underscored that practicality should factor into the decision-making process and hence affirmed that District Court-level fees were not inappropriate.
Kevin Nolan achieved a Circuit Court personal injuries award worth €8,000 while taking KC Cable Vision Limited, Virgin Media Limited, and a County Council, all of whom declined culpability, to court. The injury in question, a mild tissue harm to his right ankle, was allegedly caused by tripping and falling over a faulty footpath at The Causeway, Dungarvan, Co Waterford on 3rd April 2018. The Circuit Court held the cable company and Virgin Media accountable, determining that Mr Nolan’s legal costs, calculated at the District Court level, were to be paid by these two businesses.
Following this, Mr Nolan’s legal team presented the companies with an invoice of €32,986, consisting primarily of a solicitor’s fee of €19,414 exclusive of outlay and VAT, with the barrister’s fee totalling €2,350 exclusive of VAT. However, the county registrar adjusted the solicitor’s fee to €2,250 plus VAT and the barrister’s fee to €800 plus VAT. Mr Nolan then appealed this in the High Court asserting that the District Court Rules Committee and the county registrar violated provisions of the Courts Act 1981, allegedly discouraging the imposition of scale fees by any court rules.
In the judgement of Mr Justice Barr, it was stated that according to the County Court Rules, established by the District Court Rules Committee, the stipulated costs for a solicitor would be €2,250 for any recovered damages ranging between €6,000 and €9,000. Additionally, a barrister’s fees for compensation falling between €7,000 and €9,000, would be €800. These sums had an augmentation of €475 and €40, respectively in 2023.
The judge’s verdict interpreted that Section 17(4) of the 1981 Act allows the rules committee to establish a tariff for reimbursable charges related to cases heard within the District Court. The judge asserted that standardising fees in the District Court is entirely reasonable to prevent unequal costs set by different adjudicators. This strategy allows individuals to anticipate their probable legal expenses if they lose a civil District Court case.
When interpreting Section 17 in its entirety, it’s unambiguous that it is intended to establish that the only legal costs to be reimbursed would be those that would have been redeemable in thelowest court with the authority to adjudicate a specific claim.
Further, the judge stated, cases within the District Court are intended to be conducted with minimum formality. They provide a swift and low-cost solution for relatively trivial disputes.