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The Community Legal Service (Funding) (Amendment No.2) Order 2011

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Article 12

SCHEDULE 2

This schedule has no associated Explanatory Memorandum

Article 5

SCHEDULE 6Experts’ Fees and Rates

Section 1

Table
ExpertNon- London Hourly Rate or fixed feeLondon Hourly Rate or fixed feeComments
A&E consultant£126£135
Accident reconstruction£90£68
Accountant£50 - £135£50 - £144Partner £144, Manager £108, Accountant £80, General staff £50
Anaesthetist£135£135
Architect£99£90
Cardiologist£144£144
Cell telephone site analysis£90£90
Child psychiatrist£135£90
Child psychologist£126£90
Computer expert£90£90
Consultant engineer£90£68
Dentist£117£117
Dermatologist£108£108
Disability consultant£68£68
DNA (per person) – testing of sample£315 per test£315 per test
DNA (per person) – preparation of report£90£90
Doctor (GP)£99£90
Employment consultant£68£68
Enquiry agent£32£23
ENT surgeon£126£126
General surgeon£135£90
Geneticist£108£108
GP (records report)£63 fixed fee£90 fixed fee
Gynaecologist£135£90
Haematologist£122£90
Handwriting expert£90£90
Interpreter£32£25
Lip reader / Signer£72£41
Mediator£126£126
Medical consultant£135£90
Medical microbiologist£135£135
Meteorologist£126£180 fixed fee
Midwife£90£90
Neonatologist£135£135
Neurologist£153£90
Neuropsychiatrist£158£90
Neuroradiologist£171£171
Neurosurgeon£171£90
Nursing expert£81£81
Obstetrician£135£135
Occupational therapist£68£68
Oncologist£140£140
Orthopaedic surgeon£144£144
Paediatrician£135£90
Pathologist£153£540 fixed fee
Pharmacologist£122£122
Photographer£32£23
Physiotherapist£81£81
Plastic surgeon£135£135
Process server£32£23
Psychiatrist£135£90
Psychologist£117£90
Radiologist£135£135
Rheumatologist£135£135
Risk assessment expert£63£63
Speech therapist£99£99
Surveyor£50£50
Telecoms expert£90£90
Toxicologist£135£135
Urologist£135£135
Vet£90£90
Voice recognition£117£90

Section 2

(Provisions relating to experts)
Payment of expert services of a type not listed in Section 1

1.(1) This paragraph applies where the Commission receives a request for funding of an expert service of a type not listed in Section 1.

(2) In considering the rate at which to fund the expert service the Commission—

(a)must have regard to the rates set out in Section 1; and

(b)may require a number of quotes for provision of the service to be submitted to the Commission.

Meaning of exceptional circumstances in article 5(2)(e)(ii)

2.  For the purposes of article 5(2)(e)(ii), exceptional circumstances are where the expert’s evidence is key to the client’s case and either—

(a)the complexity of the material is such that an expert with a high level of seniority is required; or

(b)the material is of such a specialised and unusual nature that only very few experts are available to provide the necessary evidence.

General provisions relating to experts

3.(1) The costs and expenses relating to experts listed at sub-paragraph (2) are not payable by the Commission as disbursements.

(2) The costs and expenses are—

(a)any administration fee charged by an expert, including (but not limited to)—

(i)a fee in respect of office space or provision of a consultation room;

(ii)a fee in respect of administrative support services, such as typing services;

(iii)a fee in respect of courier services; and

(iv)a subsistence fee;

(b)any cancellation fee charged by an expert, where the notice of cancellation was given to the expert more than 72 hours before the relevant hearing or appointment.

4.  The maximum amount that the Commission may pay as a disbursement in respect of an expert’s vehicle mileage is £0.45 per mile.

5.  The maximum amount that the Commission may pay as a disbursement in respect of an expert’s travel time is £40.00 per hour.

Article 5C

SCHEDULE 7Remuneration of barristers in independent practice

Table

CategoryHourly Rate
Junior counsel in the County Court

£112.50 (Non-London Rate)

£135 (London Rate)

Senior counsel alone or leading in the High Court£135
Led junior counsel in the High Court, Court of Appeal or the Supreme Court£112.50
Leading senior counsel in the Court of Appeal£157.50
Queen’s Counsel (where approved for briefing or instruction by the Commission) in the High Court or Court of Appeal.£180
Leading senior counsel in the Supreme Court£180
Queen’s Counsel (where approved for briefing or instruction by the Commission) in the Supreme Court£225
Noter/Pupil/2nd led junior counsel£36

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