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McCarthy v Cavan County Council and the Minister for Local Government

Irish Law Times Reports (Digests) Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1956
Date01 January 1956
CourtQueen's Bench Division (Northern Ireland)
(S.C.),
McCarthy
and
Cavan County Council and the Minister for Local Government

Local enquiry into performance of executive functions - Order of Minister ordering that County Manager might appear separately at inquiry but not purporting to limit the cost of the separate appearance -Appearance of County Manager at inquiry by counsel and solicitor - Reasonable cost of appearance - Failure of County Council to tax bill of costs or to sign a requisition to tax bill - Requisition to tax bill of costs signed by County Manager and taxed as between solicitor and client by Taxing Master - Subsequent direction by Minister purporting to limit the sum payable to County Manager for the reasonable cost of his separate appearance at inquiry - Whether Minister may limit sum payable for reasonable cost of separate appearance subsequent to inquiry - Latest time at which Minister may exercise power - Local Government Act, 1941 (No. 23 of 1941, s. 83 -Local Government Act, 1946 (No. 24 of 1946), s. 90 - County Management Act, 1940 (No. 12 of 1940), s. 17.

The Minister for Local Government directed that a local inquiry be held into the performance by D. McC., the County Manager for the County of Cavan, of the executive functions of the Council. By Order dated the 3rd October, 1950, the Minister, in the exercise of the powers vested in him by s. 90 of the Local Government Act, 1946, directed that D. McC. might appear separately at the inquiry. This Order did not purport to limit the cost of the separate appearance. The inquiry lasted for twenty-two days, and throughout the hearing D. McC. appeared by senior and junior counsel. The County Council refused to requisition taxation of D. McC.'scosts and on the 1st February, 1951, the Taxing Master taxed the costs at £2,488 17s. 2d. By letter dated the 15th January, 1952, the Minister in purported pursuance of s. 90, sub-s. (2) (b), of the Local Government Act, 1946, purported to limit to £900 the sum to be paid by the County Council to D. McC. for his...

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