This Practice Note sets out the law governing legal costs in civil proceedings in Ireland. It addresses the Legal Services Regulation Act 2015 (Ireland), s 150 (LSRA 2015 (IRL)) and what a section 150 notice must contain.
The legal framework for legal costs
The requirement for a bill of costs
The categories of legal costs
The general rule on costs
Recoverable costs and their adjudication
Costs on interim applications
Lodgements and tenders relating to costs
Steps taken to minimise costs
It also notes recent developments and reform in this area. For an analysis of the Irish position on third party litigation funding, see Practice Note: Ireland—Third-party litigation funding.
Legal costs/legal fees
Legal costs are the expenses incurred between parties in connection with legal proceedings. They apply to both contentious and non-contentious work and include sums paid to legal professionals, witnesses and third parties.
The Practice Note focuses on litigation costs, a distinct subset of costs typically payable to solicitors, counsel or third parties. Litigation is characterised as ‘contentious work’ under s 2 of the Solicitors (Amendment) Act 1994 (Ireland) (S(A)A 1994 (IRL))...
This Practice Note explores the law of maintenance and champerty and its impact on third party litigation funding in Ireland. It outlines the stance of the Irish courts, the recognised exceptions, and recent developments concerning third‑party funding. For general guidance on litigation costs, see Practice Note: Ireland—Legal costs in civil proceedings...
The rules against maintenance and champerty
Third party litigation funding arises where an unrelated party (with no prior link to the dispute) agrees to pay all or part of the legal expenses in return for a share of any award or settlement obtained. Such funding has long been unlawful in Ireland under the Maintenance and Embracery Act 1634 (UK), preserved by the Statute Law Revision Act 2007 (Ireland), which prohibits maintenance and champerty and continues to have effect. Maintenance involves supporting litigation by strangers who lack a legitimate interest. Champerty is funding litigation with the intention of sharing in the proceeds of that action. There are narrow exceptions to these prohibitions where the funder possesses a genuine commercial interest in the...