CIVIL PROCEDURE BACK TO BASICS 75: COSTS BUDGETING: COUNSEL’S BRIEF FEE NOW PART OF THE TRIAL PREPARATION PHASE
Judging from the reaction of my opponent (and the judge) at a CCMC I attended today a change in the rules introduced on 1st October 2019 could benefit from wider publication. On the 1st October 2019 Counsel’s brief fee is to be placed in the “trial preparation” phase of a cost budget. Only counsel’s refreshers are included in the Trial phase.
The change is best set out in the Guidance Notes on Precedent H
The section on Trial Preparation.
This sets out what is included in this phase.
• Trial bundles
• Witness summonses, and arranging
• for witnesses to attend trial Any
final factual investigations
Supplemental disclosure and
• Counsel’s brief fee
• Agreeing brief fee
• Any pre-trial conferences and advice
• Pre-trial liaison with witnesses
The section states, expressly, that counsel’s refreshers are not included in the Trial Preparation phase. “Counsel’s trial refreshers” are including in the Trial Phase.