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Costs — taxation of — employment of two counsel — whether allowable — reasonable fees — determination of.
In terms of Rule 58 of the Rules of the Supreme Court, as read with Order 38 Rule 311 of the Rules of the High Court, the reasonable fee consequent upon the employment of two counsel (in addition to the instructing legal practitioner) is allowable, unless a special order to the contrary is made by the Court. In this context, the fee to be considered is the composite fee for both counsel. In making his ruling as to what fee is reasonable, the Taxing Master must take into account the factors set out in proviso (b) to Rule 311(a). Where senior counsel leads a junior, the junior's fee cannot be ascertained until that of his senior has been fixed.
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