High Court Rules 2004

56.09.1 The Taxing Officer shall allow such costs as the Taxing Officer considers reasonable for procuring the advice of counsel and for preparing such documents as the Taxing Officer thinks proper to be prepared by counsel.

56.09.2 Where a practitioner acts as both barrister and solicitor, or as counsel, instructed by another practitioner in the same firm or other legal office acting as solicitor, the Taxing Officer shall, in cases where a fee would have been allowed to independent counsel, allow to the practitioner such sum as a counsel’s fee for preparing any document or appearing as counsel as the Taxing Officer considers reasonable in the circumstances.

56.09.3 Subject to rules 56.09.4, 56.09.5 and 56.09.6, no disbursement, whether as a fee to counsel or otherwise, shall be allowed unless:

56.09.4 Where a party is represented as counsel by a Law Officer or by an employee of the Crown, and the party is unable to vouch payment of a fee to that practitioner, the Taxing Officer may, in cases where a fee would have been allowed to counsel, allow to the party such sum as counsel’s fee for preparing any document or for appearing as counsel as the Taxing Officer considers reasonable in the circumstances.

56.09.5 Where a party is represented by counsel appearing without fee, and the party is unable to vouch payment of a fee to counsel, the Taxing Officer may, in cases where a fee would have been allowed to counsel, allow to the party such sum as counsel’s fee for preparing any document or for appearing as counsel as the Taxing Officer considers reasonable in the circumstances.

56.09.6 If a fee would have been allowed to counsel for preparing a document or for appearing as counsel, the Taxing Officer may allow to a party a sum the Taxing Officer considers reasonable as counsel’s fee if: