--(1) Where the court has any discretion as to the amount of costs to be allowed to a party, the sum to be allowed is the amount that the court deems to be reasonable were the work to be carried out by an attorney-at-law of reasonable competence and which appears to the court to be fair both to the person paying and the person receiving such costs.
--(2) Where the court has any discretion as to the amount of costs to be paid to an attorney-at-law by his client, the sum allowed is the amount that the court deems to be reasonable and which appears to be fair both to the attorney-at-law and the client concerned.
--(3) In deciding what would be reasonable the court must take into account all the circumstances, including-
----(a) any orders that have already been made;
----(b) the conduct of the parties before as well as during the proceedings;
----(c) the importance of the matter to the parties;
----(d) the time reasonably spent on the case;
----(e) the degree of responsibility accepted by the attorney-at-law;
----(f) the care, speed and economy with which the case was prepared;
----(g) the novelty, weight and complexity of the case; and
----(h) in the case of costs charged by an attorney-at-law to his client-
--------(i) any agreement that may have been made as to the basis of charging;
--------(ii) any agreement about what grade of attorney-at-law should carry out the work; and
--------(iii) whether the attorney-at-law advised the client and took the client's instructions before taking any unusual step or one which was unusually expensive having regard to the nature of the case.
Notes
Amended by Legal Notice 140 of 2000.
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