The Taxing Master of the High Court yesterday made substantial cuts in a bill for £212,000 for legal fees and expenses sought by the Workers' Party from Independent Newspapers. The bill was for making available documents on foot of a discovery order in the Proinsias De Rossa libel proceedings.
Taxing Master James Flynn decided some aspects of the matter and adjourned others to July 29th.
Mr De Rossa, who is the leader of Democratic Left, brought his proceedings as a result of an article in the Sunday Independent by Eamon Dunphy on December 13th, 1992. Two hearings before a judge and jury were aborted before Mr de Rossa was successful during a third trial last July.
The disputed claim was in respect of costs stated to have been incurred by the WP in complying with a High Court discovery order made in February 1997.
Master Flynn refused a claim by the WP for £19,945 in respect of an ardchomhairle meeting held on February 8th, 1997. He adjourned to July 29th a claim for £6,202 in respect of a second meeting.
Master Flynn suggested that in the absence of vouched expenses being available, the parties could compromise. Independent Newspapers suggested fees which would total approximately £1,385.
Master Flynn reduced fees being claimed in respect of counsel involved in the discovery process. The claim had been for £5,000 each in respect of two senior counsel engaged by the WP. This sum was reduced to £2,100 for each senior counsel. A claim for £3,333 for one junior counsel was reduced to £1,066.
A claim for £5,000 for one senior counsel involved in a further discovery process was reduced to £1,050, while a claimed fee of £3,300 for one junior counsel was reduced to £700.
Submissions are to be heard at the resumed hearing regarding a claim for £35,000 expenses incurred by solicitors McGeehin and Toal.
In disallowing the claim for £19,945, Master Flynn said the onus was on the party to show it was allowable in the circumstances. He believed the ardchomhairle meeting had been called too early and he would disallow the claim regarding it. He said the second ardchomhairle meeting had been most necessary and the decision to hold it had turned out to have been a correct one.
Independent Newspapers had submitted that the meeting of February 8th was premature because it was held prior to the order for discovery. For the WP, it had been submitted that there was general concern within the party about the discovery and the implications.
The WP general secretary, Mr Patrick Querney, said members of the political committee considered the order might have broader implications.
Cross-examined by Mr Peter Fitzpatrick, a costs accountant, for Independent Newspapers, Mr Querney said the WP's solicitor felt it would have to consult counsel.
It was unheard of for a political party to be the subject of a discovery order. He was satisfied that all 73 people for whom expenses were claimed had attended the first meeting.
Mr Querney was also asked about a claim for expenses of £29,404. He replied that he had the responsibility of dealing with the discovery order and its implementation. The WP, in documentation, submitted that costs were measured on the basis of civil service rates for travel and subsistence and a fair and adequate hourly rate which would compensate the party for taking up the time of its chief executive.
Mr Anthony Burke, cost accountant, for the party, said at least 14,000 documents had been produced, including audited accounts from 1982 to 1992, documents regarding property owned by the party in Dublin and Cork and correspondence.
The discovery process involved weekend work and on many occasions they worked through the night.