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. 194:


In page 84, between lines 33 and 34, to insert the following:“Effect of determination
98.(1) Subject to section 100, the determination of a Legal Costs Adjudicator is final and shall take effect 20 days after it is furnished under section 97(2)to the parties to the adjudication.
(2) Where an adjudication concerns only legal costs as between a legal practitioner and his or her client, and the Legal Costs Adjudicator has determined that the aggregate of the amounts to be paid is less than 15 per cent lower than the aggregate of those amounts set out in the bill of costs, the party chargeable to those costs shall pay the costs of the adjudication.
(3) Where a Legal Costs Adjudicator has determined that the aggregate of the amounts to be paid in respect of the legal costs referred to in subsection (2)is 15 per cent or more than 15 per cent lower than the aggregate of those amounts set out in the bill of costs, the legal practitioner who issued the bill of costs shall be responsible for the costs of the adjudication.
(4) Where subsection (3)applies, the Legal Costs Adjudicator may determine that the costs of the adjudication be set-off against the aggregate amount determined.”.

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