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.