Courts Act, 1988

Regulation of number of counsel appearing in certain actions.

5.—(1) Notwithstanding any provision made by or under statute, or any rule of law or practice, the Minister may specify by regulations the maximum number of counsel in respect of whom costs may be allowed, on taxation by a Taxing Master, for payment by another party or other parties to an action in relation to which section 1 (1) of this Act applies, or a question of fact or an issue arising in such an action, or an appeal from a decision in such an action or on such a question or issue.

(2) Regulations under this section may—

(a) specify different numbers of counsel (whether junior counsel or senior counsel or both) in relation to different classes (designated in such manner and by reference to such matters as the Minister considers appropriate) of such actions, questions, issues or appeals as aforesaid,

and

(b) provide for the allowance, on taxation by a Taxing Master, for payment by another party or other parties to such actions, questions, issues or appeals as aforesaid, of the costs in respect of different counsel or different numbers of counsel engaged in relation to different stages of such actions, questions, issues or appeals.

(3) Where it is proposed to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made unless a resolution approving of the draft is passed by each such House.