i-law

Litigation Letter

Brief fee

XYZ v Schering Health Care SCCO Costs Appeal No 9 of 2004

Although the time spent is a relevant factor in assessing a brief fee, it is not appropriate to determine a brief fee by having regard to an hourly rate. In the present case leading counsel had been required to prepare large amounts of material, and to undertake complex cross-examinations, which required highly specialised skills. It could not be said that his brief fee was unreasonable.

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