The Matrimonial Causes (Costs) Rules 1988

Fees to Counsel

2.—(1) Except in the case of taxations under the Act of 1974 and taxation of fees payable by the Crown, no fee to counsel shall be allowed unless—

(a) before taxation its amount has been agreed by the solicitor instructing counsel; and

(b) before the taxing officer issues his certificate a receipt for the fees signed by counsel is produced.

(2) Except in taxations under rule 9—

(a) no costs shall be allowed

(i) in High Court proceedings, in respect of counsel attending before a registrar in chambers or of more counsel than one attending before a judge in chambers, or

(ii) in county court proceedings or in proceedings which are treated as pending in a divorce county court, in respect of counsel attending before the judge or registrar on an interlocutory application or in respect of more counsel than one attending before the judge or registrar on any occasion,

unless the judge or registrar, as the case may be, has certified the attendance as being proper in the circumstances of the case;

(b) except in the case of taxations under the Act of 1974, a refresher fee, the amount of which shall be in the discretion of the taxing officer, shall be allowed to counsel either—

(i) for each period of 5 hours (or part thereof) after the first, during which a trial or hearing is proceeding, or

(ii) at the discretion of the taxing officer, in respect of any day after the first day on which the attendance of counsel at the place of trial was necessary.