Just FYI, in case this has not already been explained, but it is customary to pay barristers what is called a “Brief Fee” for the work involved in preparing for a trial. It covers all the preparation for, and the first day of the hearing. The barrister will then charge a “refresher” for tranches of time after that.
For a trial of a week or less, a refresher will normally be a daily rate. For a longer trial like this one (many weeks, lots of witnesses) each refresher will likely cover a longer period - eg a week.
So, to take an example, imagine the brief fee for Harry’s lead barrister is £750,000, with a weekly refresher of £250,000. It is very much in Harry’s interests then for the first day not to commence today if a settlement is on the cards, as if it does commence today then tomorrow he’s on the hook to pay another £250,000 when they turn up to court.
An unexpected application to the Court of Appeal for permission to appeal the High Court judge’s order refusing a short delay will take a few hours only to prepare and argue and will be charged on a hourly rate basis. So it’s a much more cost effective way of protecting your clients costs exposure if a settlement is likely.
(it’s all about the tactics in litigation…)