Oireachtas Joint and Select Committees

Wednesday, 4 July 2018

Joint Oireachtas Committee on Justice, Defence and Equality

Legal Services Regulatory Authority: Discussion

9:00 am

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

Staying with the medical negligence issue, the Medical Protection Society, MPS, which provides indemnity cover for most Irish hospital consultants, has previously said that in some negligence cases, barristers' brief fees in Ireland are twice those in the UK. It cited one trial where a barrister's brief of €30,000 was charged. That was double the amount a Queen's Counsel would seek in England. A brief fee, as we know, only covers trial preparation and the first day of hearing.

One of the jobs of the Legal Services Regulatory Authority is to protect and promote the interests of consumers in respect of the provision of legal services. It is also charged with promoting competition in the provision of legal services in the State with a view to driving down costs. What does the regulatory authority see itself doing to reduce costs in the short term? Is the regulatory authority optimistic it can play role in that? This is a major issue for people and the MPS said it had been involved in a case where the award made was dwarfed by the legal costs. In one case of misdiagnosis, damages were settled at €100,000 but the legal costs were €268,885.

In another case damages of €17,500 were awarded, but legal costs were €46,000, which is utterly ludicrous. Is Dr. Thornhill confident that the Legal Services Regulatory Authority will be able to reduce costs? What measures will it take in the short term to do so?

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