28 Apr 1999
THE BUILDING AUTHORITY v. BUSINESS RIGHTS LTD.
- Citation
- THE BUILDING AUTHORITY v. BUSINESS RIGHTS LTD.
- Court
- Court of Appeal
- Case number
- CACV212/1993
Where the same salaried government lawyer has had conduct of the litigation from outset to finish, court advocacy by that lawyer should be assessed on an hourly (solicitor-style) basis including an appropriate profit element; awarding full barrister-style brief fees and refreshers to such a government lawyer would produce an excessive profit/bonus inconsistent with the indemnity principle and is therefore inappropriate; a brief fee may be permissible where a separate government advocate is instructed, but its quantum must be reduced so as not to breach the indemnity principle.