Frank Feighan (Roscommon-South Leitrim, Fine Gael)
Link to this: Individually | In context

Question 48: To ask the Minister for Justice, Equality and Law Reform if he will take steps to address the high level of costs involved in home repossession cases in the High Court; if his attention has been drawn to the fact that such costs often exceed the amount of the mortgage arrears; and if he will make a statement on the matter. [27327/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The issue of legal costs in contentious cases generally, which includes costs in home repossession cases heard in the High Court, is being addressed in my Department. By 'contentious', I mean legal services provided or work done in connection with legal proceedings before a court. I share the concern about the costs associated with civil litigation and I intend to bring forward practical proposals to help address the situation.

The issue of legal costs generally has been the subject of much scrutiny in recent years. In December 2005, the Report of the Legal Costs Working Group — which was chaired by Paul Haran, former Secretary General of the Department of Enterprise, Trade and Employment — was published by my predecessor. Broadly speaking, the Report recommended the replacement of the existing taxation of costs system with a new system of legal costs assessment.

A Group set up by my Department to advise on the implementation of that report and to consult with the professional legal bodies has completed its deliberations. Officials in my Department have now commenced work on the drafting of a Bill to reform the manner in which disputed legal costs are assessed with the allied objective of making the market for civil legal services more predictable, consistent and transparent to consumers.

It is my intention that the Bill will also provide for significant improvements in the quality and quantity of the information that a solicitor is required to provide to clients and the manner in which it is to be supplied. I am firmly of the view that the individual litigant should have a central role to play in controlling his or her legal costs. How the litigant can be so empowered will be addressed in the Bill. Suffice to say that the timely provision of information to clients is central to this empowerment.

I want to have a new assessment of costs system which, as part of its remit, provides information to the public on the law and on client's entitlements relating to costs. The new system should have a mechanism to collect, analyse and publish data in relation to costs, counsels' fees, witnesses' expenses and other disbursements from all court jurisdictions.

Finally, the Bill will also provide for legislative and procedural changes to reduce delays in court hearings and generally expedite the legal process.