Refresher
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In common law jurisdictions, a refresher or refresher fee is a type of legal costs and can refer to one of two things:
(i) an additional fee paid to counsel if a court case lasts more than one day (ie a daily fee for subsequent days); or
(ii) a fee for getting up to speed following an adjournment or delay.
Treatment
Australia
Refresher fees are payable in Australia, although the treatment differs by state. In Western Australia, a refresher fee might be payable when a trial does not go proceed as scheduled or is adjourned, for the additional work to prepare, or get back up to speed, for the hearing date.[1] In the Australian Capital Territory (the ACT), refresher fees of no more than 2/3rds the brief fee might be allowed if a hearing lasted more than 5 hours.[2] In the Federal courts, refresher fees could be allowed if a hearing lasted more than 4.5 hours.[3]
England and Wales
When taking a case to court, barristers typically charge a brief fee, which includes pre-trial preparation and others and the fee for the first day of court.[4] Refresher fees are the fees charged for every subsequent day of trial and might also be referred to as "daily fees".[5]
Refresher fees had become fairly established by the 1880s although the amount charged was often controversial.[6] Refreshers were first provided for formally in the Rules of the Supreme Court in 1893.[7] Ten years after their introduction, the court still lamented the fact that the rules hadn't define the term and the meaning of a refresher was still uncertain.[7][8] At the time, a refresher could be allowed if a court case lasted longer than anticipated by the brief and could be paid if the matter was delayed more than 5 hours.[7]
Hong Kong
Refreshers are payable in Hong Kong,[9][10] where the brief fee is for the first court day and any preparation, whereas the refresher is for subsequent days and at a lower rate.[9]
Trinidad and Tobago
In Trinidad and Tobago, a brief fee covers preparation and attendance for the first day of trial.[11] Refreshers are additional.[11]
References
Bibliography
- Halsbury's Laws of England. First Edition. Volume 2. pp 421 & 422.
- Graham J Graham-Green. "Refresher fees". Criminal Costs and Legal Aid. Second Edition. Butterworths. London. 1969. Pages 137 and 138. See also pages 54, 75, 83, 223, 224, 229, 265, 277, 281 and 288.
- Thomas Snow, Charles Burney and Francis A Stringer. "Refresher fees". The Annual Practice 1897. Fifteenth Edition. Sweet and Maxwell. Stevens and Sons. Volume 1. pp 1195 and 1196.
- "Counsel's Fees - Refreshers" (1881) 70 The Law Times 292 (26 February 1881); 2 The Australian Law Times lxxxviii (No 40, 14 May 1881)
- "Proceedings affecting the Profession" (1888) 84 The Law Times 230 (No 2339, 28 January 1888)
- "Re Counsel's Right to a Refresher in a Criminal Case" (1914) 59 Solicitors Journal 150 (19 December 1914)
See also
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- ↑ David Foxton. The Life of Thomas E Scrutton. Cambridge University Press. 2013. p 93.
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