Junior Counsel’s Brief Fee

Matthews v Dorkin & MIB (SCCO No 16 of 2000 26 October 2000 Garland J Sitting with Assessors)

In a routine road traffic accident claim leading counsel claimed a brief fee of £10,000, which had not been negotiated and junior counsel claimed £5,000, being 50% of that claimed by his leader. On a between-the-parties detailed assessment the leader’s brief fee was allowed at £8,000 and accordingly junior counsel’s brief fee was reduced to £4,000. Junior counsel appealed, arguing that he should still be allowed £5,000 even though his leader had not appealed. He criticised the costs judge for not taking into account the allowances made in, what he said was, a similar case, and for making comparison of his fees for the claimant with those of the defendant’s counsel.