Office of the Legal Costs Adjudicators

The Office of the Legal Costs Adjudicators can give you an independent assessment of the legal costs payable by you or a company when involved in litigation in the High Court, Court of Appeal or the Supreme Court.

If you are involved in a legal dispute, the Office of the Legal Costs Adjudicators assesses the fair and reasonable amount that one party has to pay to the other side.

This service is available to individuals and companies involved in litigation in the High Court, Court of Appeal or the Supreme Court.

There are currently 2 Legal Costs Adjudicators (a Chief Legal Costs Adjudicator and a Legal Costs Adjudicator) in Ireland. Both of these are based in Dublin. The Office of the Legal Costs Adjudicators office was previously known as the Office of the Taxing Master.

Usually, costs are adjudicated at the end of a case. However, a court may award costs for certain applications before the final conclusion of the case.

If you are claiming costs (this is usually done by the successful plaintiff or defendant), you must demonstrate that the costs you are claiming are:

• Appropriate
• Fair, and
• Reasonable

There are two main types of costs you can claim:

1. Party and party costs

These are essentially all the costs, charges and expenses that are necessary and appropriate for the purpose of the case. It's important to remember that all the costs may not be allowable and if you are claiming party and party costs - you must be able to justify why each cost was incurred and why those costs should be allowed.

In the past, the courts have held that when you are conducting your case you must remember that your adversary may have to pay your costs (or you may have to pay theirs). It is important, therefore, that you are careful about any costs you incur.

2. Legal practitioner and client costs

These are the costs which have been reasonably incurred, but may not have been absolutely necessary, and are not recoverable under party and party costs. Excessive charges are not recoverable.

A court must make a court order for legal practitioner and client costs. Otherwise, costs will be adjudicated on a party and party cost basis.

When you appoint a solicitor, before the case starts they should give you a detailed estimate of the costs they expect you will need to pay. This forms part of your contract with them.

The way solicitors and barristers should charge you is set out in the Legal Services Regulation Act 2015 (Part 10).

If a barrister is engaged, they must provide a similarly detailed estimate to your solicitor, which is then passed to you. Alternatively, if possible, the client and the lawyers can agree the amount or amounts to be paid.

Bill of Costs

At the end of the case, the solicitor should give you a detailed statement of all the legal costs associated with your case. This is called the Bill of Costs and must contain:

• A summary of the legal services they provided
• Details of all the charges that were incurred and the nature of these charges
• The amount of VAT charged
• The amount of time spent on a legal matter if costs are calculated based on time
• The financial outcome of the case, i.e. any damages or other money recovered or that should be paid to you
• If any costs have been paid or must be paid by another party

The Bill of Costs must be provided with an explanation in writing of how any aspect of the Bill of Costs can be challenged by a client.

Other than deciding if the costs charged in the legal dispute are fair, the Office of the Legal Costs Adjudicators does not have any regulatory or investigative powers for complaints about excessive charges by lawyers.

If you have a complaint about excessive charges, you should refer the matter to the Legal Services Regulatory Authority (LSRA). If the LSRA finds the charges are grossly excessive, such charges will be treated as professional misconduct.

Before trying to have any aspect of a Bill of Costs adjudicated, you must first attempt to agree the Bill of Costs.

Apply through your solicitor or legal costs accountant

If you still want to have the costs adjudicated, you should instruct your solicitor or legal costs accountant to submit a Notice of Application for Adjudication of Costs to the Office of Legal Costs Adjudicators and the relevant documentation. Your legal representative can also apply electronically.

Your legal representative can also apply electronically.

Your representative will then be notified of the date of the adjudication, and you may attend the hearing. It is important to remember that you can retain a legal representative for the adjudication hearing.

Apply directly

If your solicitor does not apply for adjudication, you can do so yourself. You must:

• Complete and lodge the Notice of Application for Adjudication of Costs form (in duplicate form)
• Lodge the Bill of Costs and all supporting documentation with the Office of the Legal Costs Adjudicators.

The Office of the Legal Costs Adjudicators will then inform you when you should attend the hearing.

You must then serve on the other side:

• All the documents above
• A copy of the issued Notice of Application for Adjudication of Costs.
• Tell them the date when the matter will next come before the Legal Costs Adjudicator.

You can get more information about adjudication of costs from the website of the Courts Service.

Apply to the Office of the Legal Costs Adjudicators at: