asked the Minister for Justice when action will be taken to implement the recommendations of the eighth interim report of the Committee on Court Practice and Procedure; why consultations with the professional and other bodies concerned have not taken place; if he is aware that the situation disapproved of by the Committee has considerably worsened since April 1968; and if he will make a statement on the matter.
Written Answers. - Committee on Court Practice and Procedure.
168.
The eighth interim report of the Committee on Court Practice and Procedur contains recommendations on:
(1) Service of court documents by post, and
(2) Fees of professional witnesses.
As regards (1), recommendations for legislation on this subject are at present before the Government in connection with proposals for a new Courts Bill.
As regards (2), the Government have recently authorised me to arrange for the implementation of the recommendations in the report regarding the determination of fees of professional witnesses allowable on taxation of party and party costs. The committee's principal recommendations on this subject are as follows:
(a) There should be no specific fees for professional witnesses prescribed by Rules of court:
(b) The fees to be allowed on party and party taxation should be measured with due regard to the evidential value of the witness's testimony, the time actually spent in court, the financial loss incurred etc.:
(c) The sums allowable should be a reasonable indemnity to the party, but any scale of fees set by a professional body to be charged by its members in connection with litigation should not be regarded as in any way binding in taxation as the appropriate fee:
(d) Meetings should be held at regular intervals between the taxing master and the professional associations for a periodic review of the trend in professional fees:
(e) The existing practice on taxation of differentiating between allowances for the fees of professional witnesses on the basis of the jurisdiction of the court in which the evidence was given should be continued.
The superior courts rules committee have been asked to make the necessary rules to implement the recommendations; and I have consulted the taxing master in regard to the arranging of regular meetings between him and the professional associations for the informal review of professional fees.