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Is there any decided case to dispel an Advocate appearing in a Magistrate’s Court but Taxing on the High Court tariffs? Secondly what would be a daily limit in terms of fees to charge by an Advocate appearing in a Magistrate’s Court where cost orders were granted in favour of the party briefing such Advocae on an Attorney and Client scale?

~ Elias As you are aware the Magistrate’s Court tariff also provides for and prescribe a tariff for Counsel. As the Rule and the tariff is a creature of statute, this tariff shall apply whether it be as between Party and Party or Attorney and Client. In order to depart from the tariff, the Court Order should so indicate to give a Taxing Master that descression, alternatively the parties may also so agree. The maximum day-fee for Counsel in the Magistrate’s Court is currently R1 360.00 in respect of a Trial in contested matters.