Oireachtas Joint and Select Committees

Wednesday, 12 February 2014

Select Committee on Justice, Defence and Equality

Legal Services Regulation Bill 2011: Committee Stage (Resumed)

12:40 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 192:


In page 83, between lines 6 and 7, to insert the following:“Powers of Legal Costs Adjudicator
96. (1) For the purposes of determining an application for adjudication of legal costs, a Legal Costs Adjudicator may—
(a) inspect documents relating to or relevant to the matter concerned, and
(b) where there is an oral hearing, summon and examine witnesses and administer oaths, and apply to the High Court for the enforcement of a summons.
(2) A Legal Costs Adjudicator may invite the parties to an adjudication to refer their dispute to mediation or another informal resolution process if he or she considers that to do so would be appropriate in all the circumstances, whether or not any of the parties have requested that the Legal Costs Adjudicator do so.
(3) If the parties agree to refer their dispute to mediation or other process referred to in subsection (2), the Legal Costs Adjudicator shall adjourn the determination of the application and may give any other direction that he or she considers will facilitate the resolution of the dispute.
(4) An oral hearing held for the purposes of an adjudication shall be held in public unless, in the opinion of the Legal Costs Adjudicator, the hearing or part thereof ought, in the interests of justice, be held otherwise than in public.
(5) The Legal Costs Adjudicator may, with the consent of the parties, conduct an adjudication without an oral hearing where he or she is of the opinion that it is expedient and in the interests of justice to do so.
(6) The High Court, in an application referred to in subsection (1), may make such order as to costs as it thinks fit in respect of the application.”.

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