{{short description|Legal fee}} {{Use dmy dates|date=April 2022}}
In common law jurisdictions, a '''refresher''' or '''refresher fee''' is a type of legal costs and can refer to one of two things:
(i) an additional fee paid to counsel if a court case lasts more than one day (ie a daily fee for subsequent days); or
(ii) a fee for getting up to speed following an adjournment or delay.
== Treatment ==
=== Australia === Refresher fees are payable in Australia, although the treatment differs by state. In Western Australia, a refresher fee might be payable when a trial does not go proceed as scheduled or is adjourned, for the additional work to prepare, or get back up to speed, for the hearing date.<ref>{{Cite book |url=https://www.legalaid.wa.gov.au/sites/default/files/inline-files/Guide-to-Claiming-Payment-Version-5.pdf |title=Guide to Claiming Payment |date=2024-12-02 |publisher=Legal Aid WA |edition=5th |location=Perth, Australia |pages=41 |language=en}}</ref> In the Australian Capital Territory (the ACT), refresher fees of no more than 2/3rds the brief fee might be allowed if a hearing lasted more than 5 hours.<ref>{{Cite Legislation AU|ACT|reg|mcjr2004510|Magistrates Court (Civil Jurisdiction) Rules 2004|266}}</ref> In the Federal courts, refresher fees could be allowed if a hearing lasted more than 4.5 hours.<ref>{{Cite Legislation AU|Cth|reg|fcr186|Federal Court Rules|62.32}}</ref>
=== England and Wales === When taking a case to court, barristers typically charge a '''brief fee''', which includes pre-trial preparation and others and the fee for the first day of court.<ref>{{cite EB1911 |wstitle= Refresher |volume= 23 |page= |short=1}}</ref> Refresher fees are the fees charged for every subsequent day of trial and might also be referred to as "daily fees".<ref>{{Cite web |title=CPS: Counsel Fee Review {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/cps/cps-counsel-fee-review |access-date=2025-04-04 |website=www.cps.gov.uk}}</ref>
Refresher fees had become fairly established by the 1880s although the amount charged was often controversial.<ref>David Foxton. The Life of Thomas E Scrutton. Cambridge University Press. 2013. [https://books.google.com/books?id=admaAAAAQBAJ&pg=PA93 p 93].</ref> Refreshers were first provided for formally in the Rules of the Supreme Court in 1893.<ref name=":2">{{Cite journal |date=2 January 1892 |title=Refresher Fees |url=https://books.google.com/books?id=fK4AZyQa4KcC&pg=PA147 |journal=The Solicitors Journal |volume=36 |pages=147}}</ref> Ten years after their introduction, the court still lamented the fact that the rules hadn't defined the term and the meaning of a refresher was still uncertain.<ref name=":2" /><ref>{{Cite journal |date=4 February 1893 |title=Refresher Fees |url=https://books.google.com/books?id=r7zcWid-kQgC&pg=PA228 |journal=The Solicitors Journal |volume=37 |pages=228}}</ref> At the time, a refresher could be allowed if a court case lasted longer than anticipated by the brief and could be paid if the matter was delayed more than 5 hours.<ref name=":2" />
=== Hong Kong === Refreshers are payable in Hong Kong,<ref name=":1">{{Cite book |last=Cheng |first=Kevin |url=https://books.google.com/books?id=GxOjEAAAQBAJ&pg=PA75 |title=The Timing of Guilty Pleas: Lessons from Common Law Jurisdictions. |publisher=Cambridge University Press. |year=2023 |isbn=9781009182751}}</ref><ref>{{Cite web |title=CJR Interim Report, Section D. Expense and The Hong Kong Civil Justice System, D1. Perception as major barrier to legal access |url=https://www.civiljustice.hk/ir/paperHTML/Section_D1.html |access-date=2025-04-04 |website=www.civiljustice.hk}}</ref> where the brief fee is for the first court day and any preparation, whereas the refresher is for subsequent days and at a lower rate.<ref name=":1" />
=== Trinidad and Tobago === In Trinidad and Tobago, a brief fee covers preparation and attendance for the first day of trial.<ref name=":0">{{Cite book |last=Hamel-Smith |first=Roger |url=https://www.ttlawcourts.org/attachments/article/233/practguide.pdf |title=Practice Guide to the Assessment of Costs |date=2007 |publisher=Supreme Court of Judicature |pages=7 |language=en}}</ref> Refreshers are additional.<ref name=":0" />
== References == {{reflist}}
== Bibliography == *Halsbury's Laws of England. First Edition. Volume 2. pp 421 & 422. *Graham J Graham-Green. "Refresher fees". Criminal Costs and Legal Aid. Second Edition. Butterworths. London. 1969. Pages [https://archive.org/details/criminalcostsleg0000grah/page/137/mode/1up 137] and 138. See also pages 54, 75, 83, 223, 224, 229, 265, 277, 281 and 288. *Thomas Snow, Charles Burney and Francis A Stringer. "Refresher fees". The Annual Practice 1897. Fifteenth Edition. Sweet and Maxwell. Stevens and Sons. Volume 1. pp [https://books.google.com/books?id=L16CpDDD4sMC&pg=PA1195 1195] and 1196. *"Counsel's Fees - Refreshers" (1881) 70 The Law Times [https://books.google.com/books?id=qZkDAAAAQAAJ&pg=PA292 292] (26 February 1881); 2 The Australian Law Times [https://books.google.com/books?id=sZktAQAAMAAJ&pg=RA3-PR88 lxxxviii] (No 40, 14 May 1881) *"Proceedings affecting the Profession" (1888) 84 The Law Times [https://books.google.com/books?id=hAQ5AQAAMAAJ&pg=PA230 230] (No 2339, 28 January 1888) *"Re Counsel's Right to a Refresher in a Criminal Case" (1914) [https://books.google.com/books?id=H5AzAQAAMAAJ 59] Solicitors Journal 150 (19 December 1914)
== See also ==
{{England-law-stub}} Category:English civil procedure