Proving Payment of Counsel’s Fees

Maleska v Williams (Unreported 17 October Ch D)

The claimant had been ordered to pay costs on the indemnity basis following judgment against her in a probate action. After the certificate of taxation had been issued it was discovered that counsel for the respondents had not produced a receipt for payment of his fees. To enable a receipt to be produced the taxing master set aside the first certificate of taxation and issued a further certificate after the receipted fee note had been produced. On appeal the court held that there was authority for setting aside the original certificate and that the taxing master had been right to do so.