The Pensions Regulator Tribunal (Legal Assistance Scheme – Costs) Regulations 2005

Determination of advocates' fees

16.—(1) The appropriate officer shall consider the claim, any further particulars and information submitted by an advocate under regulation 15 and any other relevant information and shall allow such work as appears to him to have been reasonably done.

(2) The appropriate officer may allow any of the following classes of fee to an advocate in respect of work allowed by him under this regulation—

(a) a basic fee for preparation including preparation for any hearing before the main hearing and, where appropriate, the first day of the main hearing including, where they took place on that day, short conferences, consultations, applications and appearances, and any other preparation;

(b) a refresher fee for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances, and any other preparation;

(c) subsidiary fees for—

(i) attendance at conferences and consultations not covered by sub-paragraph (a) or (b) above;

(ii) written advices or other written work; and

(iii) attendance at hearings before the main hearing, applications and appearances not covered by sub-paragraph (a) or (b) above.

(3) The appropriate officer shall allow such fees in respect of such work as he considers reasonable in such amounts as he may determine in accordance with Schedule 2, provided that where it appears to the appropriate officer, taking into account all the relevant circumstances of the case, that owing to the exceptional circumstances of the case the amount payable by way of fees in accordance with Schedule 2 would not provide reasonable remuneration for some or all of the work he has allowed, he may allow such amounts as appear to him to be reasonable remuneration for the relevant work.