COUNCIL LISSADELL LEGAL BILL IS AT €5M

Sligo County Council final legal bill from its failed Lissadell rights of way case is in the region of €5 million though it is disputing the final total submitted by the owners of the historic home following the lengthy legal action which was decided in the Supreme Court.

The Council has already paid its own legal bill of €2m but is now facing a further bill of €2.7m in costs. A total instructions fee for about €2.7m is being sought by McGovern Walsh Solicitors, solicitors for the owners, barristers Edward Walsh and Constance Cassidy.

The tally is made up of an instructions fee of almost €1.4m is being sought for the 58 day High Court case and about €1.3m for instructions relating to the nine day Supreme Court appeal. The Council is claiming the instructions fee is excessive. Alan Murphy, legal costs accountant for the owners, told the High Court Taxing Master James Behan the solicitors had played a “heavy” role in the long and complex case and a “crucial” role concerning legal submissions.

He also considered the solicitors’ role had impacted on the “more than reasonable” brief fees of €60,000 each sought for two senior counsel, Brian Murray and Eoin McCullough, and €40,000 for junior counsel Peter Bland. Those brief fees had been agreed in full, he added.

The brief fees were similar those sought by barristers for the Council, Mr Behan was told by its legal costs accountant, Paul Conlon. Agreement was also reached on daily “refresher” fees of €4,000 each for senior counsel and €2,600 for junior counsel.

The owners’ case, initiated in 2009, ran for 58 days in the High Court and nine in the Supreme Court incurring total costs estimated at about €7m.

The Supreme Court ordered the Council in 2014 to pay three quarters of the legal costs incurred by the owners in the High and Supreme Courts. The Council must also pay its own legal costs bill, estimated at about €2m.

The hearing is expected to last several days before Master Behan. Mr Murphy said agreement had been reached on several items in the bill of costs and that included agreement to reduce, allow in full, or deduct in full, a range of items.

In their proceedings against the Council, the owners had sought declarations there were no public rights of way over four routes in Lissadell.

After their case was rejected by the High Court, they appealed to the Supreme Court which ruled in late 2013 there were no public rights of way over three of the routes but found there was a right of way over part of the fourth route, a coastal route to the beach at Lissadell.

The court later granted the owners three quarters of their costs in the High and Supreme Courts.