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What directions should, in such a case, be given to the taxing master?
And they provide, also, for costs to be taxed by the taxing masters.
The taxing master must, of course, be told on what basis he is to conduct the taxation.
A special cadre of judicial officers, the taxing masters, has been established to carry out this process.
The mortgagee took out a summons to review the taxing master's certificate.
It may also designate a certificate given by a taxing master, at the termination of an action, for the allowance of costs.
At any time, even after requiring a remuneration certificate, the client may apply to a High Court taxing master for taxation of the bill.
Rule 24 enables a Chancery master taking an account to request a taxing master to tax any items of 'costs' comprised in the accounts.
There are part time taxing masters in the Supreme Court of Newfoundland and Labrador.
The plaintiffs disputed the defendants' accounts for their costs, charges and expenses and the taxing master directed that there be a trial of preliminary issues.
The upshot of the litigation was that the non-litigation costs, together with the litigation costs, were taxed by the taxing master.
This would seem to preclude any direction being given to a taxing master other than for a taxation on a standard basis or an indemnity basis.
It was ordered that the mortgagee's costs 'including therein any charges and expenses properly incurred by them as mortgagees.be taxed by the taxing master.
The position of the Taxing master and his/her office is governed by the Courts (Supplemental Provisions) Act 1961.
They hear applications in chambers, act as taxing masters and occasionally as referees to conduct inquiries, take accounts, and assess damages.
Every person represented by a solicitor in Ireland in a matter before the High Court is entitled to have their bill assessed by the Taxing master.
There are two current Taxing masters, Declan O' Neill and Rowena Mulcahy.
On the basis of these authorities, we would hold that both litigation costs and non-litigation costs can be referred for quantification to a taxing master to be taxed.
The Taxing master provides an independent and impartial process of assessment of legal costs, which endeavours to achieve a balance between the costs involved and the services rendered.
The quantification of the amount they are entitled to retain must be carried out by the Chancery master and cannot be referred by him to a taxing master.
Costs draftsmen indicate that taxing masters do not like sectioned files and will often reconstitute a file by putting all correspondence together if a file goes to taxation.
The taxing master disallowed a number of items on the ground that they were 'not mortgagee's costs, that is, such costs as mortgagees are entitled to against the property in mortgage.'
He can, in relation to this or any other issue on the account, direct points of claim and points of defence; or he can refer the issue to the taxing master.
This authority makes clear the propriety of using taxing masters as part of the machinery of the court to quantify disputed items of costs in an account being taken by the court.
In a straightforward case, no fees will be charged, but a provision is retained enabling the costs of effecting or attempting to effect service to be certified by a taxing master of the Supreme Court.