Barrister Fees

Hi,

My FDR court hearing was postponed 42 hrs before it was meant to happen by the court due to a judge not being available. The barrister has charged the full (extortionate) fee and will charge again for the rescheduled FDR hearing (at a reduced rate). The court will not compensate me as they deem that they've met their 2 days notice.

Long story short, I'm told I'll have to suck it up for the original FDR cost. What I am trying to do, is avoid a recurrence of the same, should the hearing be postponed again. I would like one of these 2 (in order):

1) Barrister fees only payable on realisation of the court hearing
2) No barristers fees are payable if the hearing is postponed before end of working day (court date - 2days). So if court date is for example, 10 Dec, no fees payable if it's postponed by end of working day 8 Dec.

Any thoughts on how I can negotiate this (apart from the obvious ask them)?

Their current terms seems to be court date - 3 days. That still leave me liable for costs if the same postponement timescales as the original FDR was to happen again.

Thanks

The barrister has to prepare for the FDR so some of the work is done before the hearing itself. The barrister is booked onto your hearing and you pay for that slot. If the hearing is cancelled at short notice the barrister ends up with free time which can't be filled with another hearing as they were booked to you.

It's similar to booking a hotel room. If you book and cancel at short notice the hotel loses the opportunity to place somebody else in that room therefore a short notice cancellation usually means you forfeit the cost.

It is possible that you explain the situation and ask that the preparation be separated from the hearing itself so that this is deemed to have occurred on one date and for a later date if the hearing is cancelled e.g. 50% of the fee is deemed to have been incurred 7 days prior to the hearing but that the other 50% if not incurred until 24 hours or less before the hearing.

Unfortunately the court service is already over burdened and the situation is not going to get any better.

Charles

Thanks Charles. I'll try that.