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Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 198: In page 103, before line 1, to insert the following: SCHEDULE 1 PRINCIPLES RELATING TO LEGAL COSTS1. A Legal Costs Adjudicator shall apply the following principles in adjudicating on a bill of costs pursuant to an application pursuant to section 94:(a) that the costs have been reasonably incurred, and (b) that the costs are reasonable in amount.2. In determining...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I thank the members of the committee, both today and on the previous occasions, for engaging with the Bill and for some of the interesting discussions we have had. It is important to use this forum to enable amendments that are suggested from outside this House to be teased out. I would be of the view that simply because a Deputy is handed an amendment, it does not necessarily mean he or...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 190: In page 80, between lines 35 and 36, to insert the following: “Application for adjudication of legal costs94.(1) In a case where a person is ordered by a court, tribunal or other body to pay, in whole or in part, the legal costs of another person, the person whose legal costs are to be paid by reason of that order shall furnish a bill of costs to the person...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 185: In page 77, between lines 33 and 34, to insert the following:"Legal practitioner to provide notice of conduct of matter, costs, etc. 90. (1) A legal practitioner shall, whenever required to do so under this section, provide to his or her client a notice (in this section referred to as a “notice”) written in clear language that is likely to be easily...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: Section 89.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I am sorry. I was just describing as an introduction to where I am going.

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: Amendment No. 185 refers to section 90. It is being revised by the drafters to improve the flow and clarity of the text. It incorporates the best aspects of the existing section 68 of the Solicitors (Amendment) Act 1994 in respect of the obligation on solicitors to provide their clients with written fees estimates and makes significant improvements upon it. This is a key and innovative...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 186: In page 79, between lines 18 and 19, to insert the following:"Agreement regarding legal costs, etc. 91. (1) A legal practitioner and his or her client may make an agreement in writing concerning the amount, and the manner of payment, of all or part of the legal costs that are or may be payable by the client to the legal practitioner for legal services provided in...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 187: In page 79, between lines 34 and 35, to insert the following:“Legal practitioner to provide bill of costs 92. (1) A legal practitioner shall, as soon as is practicable after concluding the provision of legal services in relation to a legal matter for a client, prepare and sign a bill of costs, which shall contain the particulars specified in this section and...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 188: In page 80, between lines 28 and 29, to insert the following:“Legal practitioner to attempt to resolve dispute 93. (1) Where a client disputes any aspect of a bill of costs, he or she shall, within 14 days of the bill of costs being provided to him or her under section 92, send the legal practitioner concerned a statement in writing setting out the nature of...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: Could I make the Chairman's life difficult by suggesting 2.10 p.m.?

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 178: In page 70, between lines 6 and 7, to insert the following: "CHAPTER 2 Office of the Legal Costs AdjudicatorsOffice 81.(1) The Office heretofore known as the Taxing-Masters’ Office shall be known as the Office of the Legal Costs Adjudicators. (2) The Minister may, in accordance with the provisions of the Courts (Supplemental Provisions) Act 1961,...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 179: In page 70, between lines 27 and 28, to insert the following:"Register of determinations 82.(1) The Chief Legal Costs Adjudicator shall ensure that a register of determinations is established and maintained in relation to applications for adjudication of legal costs under this Part. (2) Subject to this section, the register of determinations shall contain the...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 180: In page 72, before line 1, to insert the following:"County registrars 83.(1) A County Registrar, on a taxation of costs, shall have regard to the principles relating to legal costs specified in Schedule 1. (2) Each County Registrar shall ensure that a register of taxation determinations is established and maintained by him or her in relation to applications to him or...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 181: In page 72, between lines 13 and 14, to insert the following:"Guidelines on performance of functions of Chief Legal Costs Adjudicator under this Part 84.(1) After consulting with the Minister, the Minister for Environment, Community and Local Government and any person or body that the Chief Legal Costs Adjudicator considers to be an appropriate person or body to be...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 182: In page 72, between lines 37 and 38, to insert the following:"Review of scales of fees 85.The Superior Courts Rules Committee shall, whenever it considers it appropriate to do so and, in any case, not less than once every 2 years—(a) review the scales of fees for contentious and non-contentious business set out in Appendix W to The Rules of the Superior...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 183: In page 72, between lines 37 and 38, to insert the following:"Strategic plan 86.(1) As soon as practicable and in any event not later than 6 months after the coming into operation of this section, the Chief Legal Costs Adjudicator shall prepare a strategic plan for the 3 year period following that coming into operation and submit the plan to the Chief Executive...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 184: In page 73, between lines 37 and 38, to insert the following: "Amendment of Courts (Supplemental Provisions) Act 1961 88.(1) The Eighth Schedule to the Courts (Supplemental Provisions) Act 1961 is amended—(a) in paragraph 2, by substituting "The Office of the Legal Costs Adjudicators" for "The Taxing-Masters' Office", (b) in paragraph 3, by substituting "the...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: That is a really important issue. As Deputies know, the legislation contains a separate provision allowing the legal services regulatory authority to review the area of legal education and what changes might need to be effected to ensure that the doors are kept open and to ensure that those who wish to become a member of either profession can to do so and that nothing impedes that. The...

Select Committee on Justice, Defence and Equality: Legal Services Regulation Bill 2011: Committee Stage (Resumed) (12 Feb 2014)

Alan Shatter: I move amendment No. 173: In page 68, between lines 3 and 4, to insert the following:“Entry of name on roll 77. (1) A person who has been called to the Bar of Ireland and who intends to provide legal services as a barrister shall apply to the Authority to have his or her name, and additional information relating to him or her, entered on the roll and the Authority, on being satisfied...

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