Oireachtas Joint and Select Committees

Wednesday, 18 December 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Access to Justice and Legal Costs: Discussion (Resumed)

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein)
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I am not suggesting cases may be in any way fraudulent. The fact, however, that the people taking cases know they will not have to pay for the legal services and that someone else will be paying means they will not be paying close attention to the level of services or resulting costs that will be incurred. That is because the people taking the cases have been guaranteed that they are not going to have to pay the costs. People, therefore, go into a case they know they are going to win, the case is likely to be settled in those circumstances and, at that point, the costs of the legal services are going to be paid by the other party. The other party does not have access to knowledge of what the fees were from the outset because that information is only given to the client. Is an element of regulation required in respect of that?