863Counsel

### 863 Counsel > > (1)  Except in a case to which [Part 2](#JS1@HS2@EN) of [Schedule 1](#JS1@EN) applies, fees may be allowed to counsel as are reasonable in the circumstances. > > > (2)  A counsel's fee is not allowed in respect of any appearance before a judge in chambers unless – > > > > > > (a) the judge has certified for counsel; or > > > > > > > (b) the matter is the hearing of an appeal from an inferior court or a statutory tribunal other than a court. > > > (3)  [*\[Rule 863 Subrule (3) amended by S.R. 2008, No. 128, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/sr-2008-128#GS57@EN) A fee is not allowed for any conference with counsel in addition to the practitioner's and counsel's fees for drawing, settling, perusing or advising on any document or for advising, unless for some special reason a conference was necessary or proper. > > > (4)  The costs of employing 2 or more counsel may be allowed in a proper case even though none of those counsel is one of Her Majesty's counsel. > > > (5)  If the costs of employing 2 or more counsel are allowed, the costs of consultations between them may be allowed. > > > (6)  Except in a case to which [Part 2](#JS1@HS2@EN) of [Schedule 1](#JS1@EN) applies, if any trial or hearing occupies more than 6 hours, whether on one or more days, the taxing officer may allow by way of a refresher for every subsequent 6 hours, or part of 6 hours, any fee as may be proper. > > > (7)  The time occupied by any lunch adjournment is to be included as part of the trial or hearing for the purpose of [subrule (6)](#GS863@Gs6@EN) . > > > (8)  On taxation as between party and party, a retaining fee to counsel is not allowed. > > > (9)  If, pursuant to an order, a document or a draft document is settled by conveyancing counsel, the fees of other counsel in previously or subsequently settling that document on behalf of the same party on whose behalf the draft is settled are not allowed, unless the Court or a judge so directs. > > > (10)  Only one fee to counsel is allowed for all affidavits that were or ought to have been filed at the same time. > > > (11)  If a practitioner draws any document or appears as counsel, the taxing officer is to allow to the practitioner any counsel's fee as may be proper even though the practitioner may also be acting as solicitor in the proceeding, but if the practitioner has acted both as a solicitor and as counsel then the taxing officer in fixing the fee is to have regard to that fact. > > > (12)  If counsel is remunerated for an appearance only by salary, the taxing officer may allow the same counsel's fee as allowable to independent counsel.