Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Government lawyer fees

  • 14 Mar 2017

    HKSAR v. FUNG CHI-WAH

    Citation
    HKSAR v. FUNG CHI-WAH
    Court
    Court of First Instance
    Case number
    HCMA350/2015

    The Registrar must withhold taxation of the Department of Justice's bills of costs until DoJ provides particulars of the post-qualification experience (seniority) of the government counsel responsible for the billed items and details of case complexity where relevant; absent that information bills are incomplete and will be returned; no order as to costs for this hearing.

  • 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.