common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

jurisdictions, a refresher or refresher fee is a type of

legal costs Court costs (also called law costs in English procedure) are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit in addition to the costs of the court itself. In the ...

and can refer to one of two things: (i) an additional fee paid to

counsel A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given ...

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 Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

, although the treatment differs by state. In

Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...

, 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. In the

Australian Capital Territory The Australian Capital Territory (ACT), known as the Federal Capital Territory until 1938, is an internal States and territories of Australia, territory of Australia. Canberra, the capital city of Australia, is situated within the territory, an ...

(the ACT), refresher fees of no more than 2/3rds the brief fee might be allowed if a hearing lasted more than 5 hours. In the Federal courts, refresher fees could be allowed if a hearing lasted more than 4.5 hours.

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. Refresher fees are the fees charged for every subsequent day of trial and might also be referred to as "daily fees". Refresher fees had become fairly established by the 1880s although the amount charged was often controversial. Refreshers were first provided for formally in the

Rules of the Supreme Court The Rules of the Supreme Court (RSC) were the rules which governed civil procedure in the Senior Courts of England and Wales, Supreme Court of Judicature of England and Wales (since 2009 called the Senior Courts) from its formation in 1883 until ...

in 1893. 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. 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.

Hong Kong

Refreshers are payable in

Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...

, 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.

Trinidad and Tobago

Trinidad and Tobago Trinidad and Tobago, officially the Republic of Trinidad and Tobago, is the southernmost island country in the Caribbean, comprising the main islands of Trinidad and Tobago, along with several List of islands of Trinidad and Tobago, smaller i ...

, a brief fee covers preparation and attendance for the first day of trial. Refreshers are additional.

References

Bibliography

*Halsbury's Laws of England. First Edition. Volume 2. pp 421 & 422. *Graham J Graham-Green. "Refresher fees". Criminal Costs and Legal Aid. Second Edition. Butterworths. London. 1969. Page
137
and 138. See also pages 54, 75, 83, 223, 224, 229, 265, 277, 281 and 288. *Thomas Snow, Charles Burney and Francis A Stringer. "Refresher fees". The Annual Practice 1897. Fifteenth Edition. Sweet and Maxwell. Stevens and Sons. Volume 1. p
1195
and 1196. *"Counsel's Fees - Refreshers" (1881) 70 The Law Time
292
(26 February 1881); 2 The Australian Law Time
lxxxviii
(No 40, 14 May 1881) *"Proceedings affecting the Profession" (1888) 84 The Law Time
230
(No 2339, 28 January 1888) *"Re Counsel's Right to a Refresher in a Criminal Case" (1914
59
Solicitors Journal 150 (19 December 1914)