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:

Contents

(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

  1. ↑ Guide to Claiming Payment (PDF) (5th ed.). Perth, Australia: Legal Aid WA. 2 December 2024. p. 41.
  2. ↑ Magistrates Court (Civil Jurisdiction) Rules 2004 (ACT) r 266
  3. ↑ Federal Court Rules (Cth) r 62.32
  4. ↑ "Refresher"  . Encyclopædia Britannica . Vol. 23 (11th ed.). 1911.
  5. ↑ "CPS: Counsel Fee Review | The Crown Prosecution Service". www.cps.gov.uk. Retrieved 4 April 2025.
  6. ↑ David Foxton. The Life of Thomas E Scrutton. Cambridge University Press. 2013. p 93.
  7. 1 2 3 "Refresher Fees". The Solicitors Journal. 36: 147. 2 January 1892.
  8. ↑ "Refresher Fees". The Solicitors Journal. 37: 228. 4 February 1893.
  9. 1 2 Cheng, Kevin (2023). The Timing of Guilty Pleas: Lessons from Common Law Jurisdictions. Cambridge University Press. ISBN   9781009182751.
  10. ↑ "CJR Interim Report, Section D. Expense and The Hong Kong Civil Justice System, D1. Perception as major barrier to legal access". www.civiljustice.hk. Retrieved 4 April 2025.
  11. 1 2 Hamel-Smith, Roger (2007). Practice Guide to the Assessment of Costs (PDF). Supreme Court of Judicature. p. 7.

Bibliography

See also

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