Mr Justice Gibson (left) and TM Healy KC (right). Images via British Newspaper Archives and Wikipedia.
‘Refreshers’ are fees paid to barristers in respect of each additional day (other than the first) which a case takes, and are in addition to the brief fee covering preparation of the case and the first day of hearing.
Sometimes Counsel could be sensitive about references to ‘refreshers’. An in-court statement by Mr Justice Gibson in the Four Courts of 1902 that he would not allow the case before him that Saturday ‘to go into refreshers,’ in other words, that he wanted it finished in one day, was interpreted by TM Healy KC as an insult to counsel, but all ended happily in ‘peace with Honour.’
Those were the days when any dispute between Counsel and Judge – or indeed between Counsel and Counsel, was likely to be reported in full in the media. The survival of such recorded dialogues in online newspaper databases give us a unique window into the Four Courts of heretofore. Take a peek in here:
From the Weekly Irish Times, 28 June 1902:
“MR HEALY AND THE JUDGE
On Saturday, in the Nisi Prius Court No. 2, during the hearing of a case in which damages were claimed by Mrs Margaret Hill for injuries sustained in a street accident, Mr Justice Gibson said, during the hearing of the evidence, that the case was a small one, and should not be unduly prolonged. He intended to finish the case that day, and he hoped counsel would facilitate that course as much as possible. It was not a case in which ‘refreshers’ should be gone into.
Mr Healy, KC, MP, who was cross-examining one of the witnesses, said he did not see why the case should be rushed.
Mr Justice Gibson – I will not allow any counsel at the Bar to say that I rush any case.
Mr Healy – You said it was not a case in which we should look for ‘refreshers’.
Mr Justice Gibson – No, I did not. I said I would not allow this action to go into refreshers. I intended to convey by that that I wished this case to finish today, and I think no one misunderstood me. I certainly never suggested that any member of an honourable profession should drive a case into refreshers. I am sorry you would think that any judge on the Irish Bench would have made such a suggestions.
Mr Healy – What, then, was the object of your remark?
Mr Justice Gibson – Really, I will not allow this to go on.
Mr Healy – Well, I will go on with my examination.
The case was then proceeded with.
Mr Healy subsequently, in addressing the jury, said it was, no doubt, a misfortune that they should be all detained there on a Saturday afternoon by what might appear to be a small case from some points of view, but the superior courts had refused the application of the defendant to remit it. He, therefore, wished to refer to the incident –
Mr Justice Gibson – Don’t refer to it. I am very sorry you misunderstood me, and we will let it be peace with honour.
Mr Healy – I am sorry that it arose.”
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