(1) Subject to the provisions of any applicable scale, the fees payable to counsel to appear at a hearing or trial shall be at the discretion of the Costs Court which may fix such fees—
(a) on the basis of daily fees;
(b) as a lump sum fee covering the whole of the hearing or trial; or
(c) on such other basis as the Costs Court considers appropriate.
(2) Where such fees are fixed on the basis of daily fees—
(a) the daily fee for the second or any subsequent day of the hearing or trial shall, unless the Costs Court determines otherwise by reason of the special circumstances of the case, include all time spent by counsel in preparation and conferences on that day of the hearing or trial as well as the actual time spent by counsel in Court on the hearing or trial on that day; and
(b) the Costs Court may allow differing amounts in respect of various days of the hearing or trial.