O'Donovan v County Registrar for County Cork & Ors (Approved)

1.������ The issue before the court is whether the notice party, Cork City Council, is liable to pay the applicant�s costs of an ex parte application for a judicial review and an uncontested application for certiorari and various declaratory reliefs.

��������� �I acknowledge receipt of the City Council cheque in respect of your costs. However, I would point out that the amounts offered would be in compliance with the county registrar�s guideline scale in the Circuit Court . The City Council adheres strictly to that scale in all cases . (emphasis added) Perhaps you might reconsider and let me know if you intend to send your file in circumstances which I feel are unnecessary really given the scale in practice�.

6.������ The �scale� being referred to in this letter is a scale devised by the respondent for what are described as �standard cases�.

7.������ In November 2006, the respondent issued what is described as a litigation circular, to advise parties as to the amounts likely to be allowed by her, on taxation of costs. The initial circular states that the figures set out should not be interpreted as a scale of costs but an indication only of what fees would be allowed in a �normal� type action. The circular specifies that these figures would not apply to any complex cases or to cases in the equity jurisdiction.

12.���� As a consequence of the events of the taxation, the applicant was rendered liable to pay the costs of taxation and at least in principle was liable to his own solicitor for the shortfall in costs recovered.