Bird & Bird (Ireland) LLP is an affiliated business of Bird & Bird LLP. Bird & Bird (Ireland) LLP is an Irish partnership of solicitors registered with the Law Society of Ireland (firm number F10667) and authorised by the Legal Services Regulatory Authority in Ireland to operate as a limited liability partnership (LLP) under the Legal Services Regulation Act 2015 (registration number 1262541). LLPs are common structures for law firms both in Ireland and internationally. The Irish Legal Services Regulation Act 2015 provides for the operation of LLPs in Ireland, amending the Partnership Act 1890, which applies to Bird & Bird (Ireland) LLP to the extent that it is not inconsistent with the 2015 Act. As provided by section 123 of the 2015 Act, individual partners are not personally liable for debts, liabilities or obligations incurred carrying on the business of an LLP, subject to stated exceptions. However, rights of recourse or enforcement against the property and assets of Bird & Bird (Ireland) LLP for any debt, liability or obligation are unaffected.
Bird & Bird (Ireland) LLP’s registered office and principal place of business in Ireland is at 3rd Floor, 3 Georges Dock, Dublin1, D01 X5X0, Ireland.
Partners
The partners of Bird & Bird (Ireland) LLP are Roger Bickerstaff, Michael Finn, Deirdre Kilroy, Anna Morgan and Sally Shorthose.
Professional Qualifications and Regulation
Partners of Bird & Bird (Ireland) LLP practising in Ireland hold practising certificates issued by the Law Society of Ireland and are regulated by the Law Society of Ireland and the Legal Services Regulatory Authority in Ireland. Details of the professional regulations that apply may be viewed at Regulations (lawsociety.ie)
Value Added Tax
IE3970316UH
Costs and Contentious Matters
If you ask us to advise you on a contentious matter, you should be aware of the following in relation to costs:
Should you succeed in any litigation, then it is likely that the Court would also make an order for costs in your favour. Although the award of costs is always at the discretion of the Court, the general rule is that the unsuccessful party must pay the successful party's costs, or a portion of them. The Court may only depart from this rule in exceptional circumstances.
If an order for costs is made in your favour, you can reasonably expect to recover approximately 60-70% of the costs you have incurred in the relevant action. You are unlikely to recover 100% of its costs in any circumstances, even if entirely successful. This is because the costs recoverable by you would be assessed on a "party and party" basis, by reference to rules used by the Chief Legal Costs Adjudicator to determine what costs are recoverable, and at what level. Typically, "party and party" costs represent only a portion of a party's actual costs. (A party's overall costs are generally referred to as "solicitor and client costs"). You would remain liable for any costs that cannot be recovered from the other party whether because of a deficiency in the amount of costs awarded, or because the other party fails or refuses to pay.
If the amount of the costs recoverable from the other party cannot be agreed directly with them, the matter will be decided by the Chief Legal Costs Adjudicator (an official of the High Court) on the basis of the principles applicable to "party and party" costs. The costs of the taxation process would not be recoverable from the other party. A legal costs accountant would be involved, and their fees are set at 8% of the amount of the costs awarded by the Chief Legal Costs Adjudicator. Stamp duty is payable on the Chief Legal Costs Adjudicator's award at the rate of 8%. The duty must ultimately be paid by the party against whom costs have been awarded.
If the other party is successful in any litigation it is probable that you will be required to pay their costs in addition to your own costs. In the event of a dispute, the amount of costs recoverable from you would be decided by the Chief Legal Costs Adjudicator. The Chief Legal Costs Adjudicator's award would attract stamp duty at the rate of 8% for which you would be liable. You would also be liable for your own costs in a taxation process.
