Read the full judgment text of HCCT20/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 28 July 2003 before Master de Souza.
Costs — Taxation Review — Hourly Rate for Non-qualified Legal Team Member — Arbitration Appeal — Construction Dispute — The review concerns the hourly rate of Mr Paul Nicholas Barrett, a non-practicing barrister and qualified quantity surveyor representing the Respondent in an application for leave to appeal an arbitral award. The taxing master had reduced Mr Barrett’s hourly rate from $2,600 to $2,000, equating him to a newly qualified solicitor. The court reviewed the matter, considering Mr Barrett’s multi-disciplinary expertise, his pivotal role in instructing counsel, and the complexity of the appeal involving valuation issues. The court held that the full hourly rate of $2,600 was justified and should be allowed in full. Costs of the review proceedings were awarded to the Respondent, fixed at $52,000. This ruling clarifies that rates for multi-disciplinary, non-qualified legal representatives in arbitration appeals can be equivalent to those of experienced solicitors when justified by expertise and responsibility.
Legal issues: Appropriate hourly rate for Mr Paul Nicholas Barrett
Outcome: The taxation review was allowed; Mr Barrett's full hourly rate of $2,600 was reinstated.