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

I move amendment No. 195:

In page 85, between lines 20 and 21, to insert the following:“Consideration by Legal Costs Adjudicator of determination
100.(1) Where a party to an adjudication is dissatisfied with a decision of a Legal Costs Adjudicator under section 97to confirm a charge, not to confirm a charge or to determinate a different amount to be charged in respect of a matter or item the subject of the adjudication, he or she may, within 14 days of the date on which the determination is furnished to him or her under section 97(2), apply to the Legal Cost Adjudicator for the consideration of the decision and the making of a determination under this section.
(2) An application under subsection (1)shall be—

(a) in such form as may be specified in rules of court or, where applicable, under section 105, and shall specify by a list in a short and concise form the matters or items, or parts thereof, to which the decision of the Legal Costs Adjudicator being objected to relates and the grounds and reasons for such objections, and
(b) made on notice to the other party to the adjudication.

(3) The Legal Costs Adjudicator shall, if he or she considers it appropriate to do so, and upon the application of the party entitled to the costs, issue an interim determination pending consideration of an application under subsection (1), in respect of—

(a) the remainder of the matters or items in the determination to which no objection has been made, and
(b) such of the matters or items that are subject of the application as the Legal Costs Adjudicator considers reasonable.

(4) For the purposes of an application under subsection (1), the Legal Costs Adjudicator shall reconsider and review his determination having regard to the matters or items specified under subsection (2)(a), and sections 95to 98shall apply in relation to such a consideration.
(5) The Legal Costs Adjudicator, having considered an application under this section may decide—

(a) not to vary his or her determination, or
(b) to make a new determination,

and the determination referred to in paragraph (a)or (b)shall, subject to section 101, take effect immediately.
(6) The functions of a Legal Costs Adjudicator in relation to an application under this section shall, insofar as practicable, be performed by the Legal Costs Adjudicator who made the determination to which the application relates.”.