Appeals before a full bench (five or more judges)

The following paragraph prescribes fees for work undertaken in relation to hearings before 5 or more judges in High Court when it is sitting as an appeal court:

  • Paragraph 4 of Part 2, Chapters 1 and 2

4(a) - All work in connection with an appeal hearing before a full bench except under (b) below

When sitting as an appeal court, the High Court normally consists of two judges when hearing an appeal against sentence and at least three when hearing an appeal against conviction or any other appeal.

More judges may sit when the court is dealing with particularly complex cases, or where important matters of law are to be considered.

This fee is payable at a standard rate depending on the status of counsel.

Where you charge this fee the claim must specify that 5 or more judges were sitting.

In the event that you do not specify this we must reduce the claim to the appropriate appeal fee and invite you to clarify the basis for the claim.

4(b) - Drafting written submissions where ordered by the court

This fee is payable within a range of fees depending on the status of counsel.

Where you draft further written submissions we may allow this fee more than once where we are satisfied that the further submissions were ordered by the court and not as a result of an oversight by counsel.

Paragraph 8 of the Notes on Operation states:

“Where counsel is seeking a higher fee within the range under paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 1, paragraph 2(a), (d), 3(a), (b), (e), 4(b), 6(d), (e), or 11 (written work) of Chapter 1 or 2 of Part 2, or paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 3, he or she will need to justify this by reference to either or both of the following factors:—

  1. the content rather than the length of the document; and
  2. the amount of documentation necessarily referred to”.

Where a higher fee within the range is charged we must be satisfied that the fee is reasonable having regard to these factors before we pay this fee.

In support of a higher fee you may either provide us with a copy of the document, or provide a supporting narrative justifying the claim made with reference to these factors.

Where we are not satisfied we must allow a reasonable fee within the range and ask you to provide further information in support of the claim.

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