The IG of Police, Clerk of the National Assembly & Minister of Finance ex-parte MM & 18 others (Judicial Review Cause 7 of 2020) [2021] MWHC 48 (6 August 2021)
Five counsel allowed due to number of applicants and complexity; care and conduct pegged at 100% due to exceptional circumstances; instruction fee reduced to K10,000,000 per counsel as claimed amount was excessive.
- Citation
- [2021] MWHC 48
- Parties
- Applicants: MM & 18 Others; 1st Respondent: Inspector General of Police; 2nd Respondent: Clerk of the National Assembly; 3rd Respondent: Minister of Finance
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Judgment Date
- 6 August 2021
- Case Number
- Judicial Review Cause 7 of 2020
- Procedural Posture
- Judicial Review / Assessment of Costs
- Outcome
- Bill of Costs taxed and allowed at MWK255,684,112.00
- Legal Topics
- Costs Assessment, Instruction Fee, Care and Conduct, Fee Earners
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
MM & 18 Others
Applicants
Inspector General of Police
1st Respondent
Clerk of the National Assembly
2nd Respondent
Minister of Finance
3rd Respondent
Procedural Posture
Judicial Review / Assessment of Costs
Legal Issues
- 1 Number of fee earners entitled to costs
- 2 Appropriate percentage for care and conduct
- 3 Quantum of instruction fee
Ratio Decidendi
Five counsel allowed due to number of applicants and complexity; care and conduct pegged at 100% due to exceptional circumstances; instruction fee reduced to K10,000,000 per counsel as claimed amount was excessive.
Court Disposition
Bill of Costs taxed and allowed at MWK255,684,112.00
Orders
- Bill of Costs taxed at MWK255,684,112.00 payable to the Applicants' counsel.
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