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Regulation 8(2)

SCHEDULE 3E+WFamily Advocacy Scheme: Fees and Rates

InterpretationE+W

1.  Unless different provision is made, words and expressions used in this Schedule have the same meaning as in the relevant contract.

PART 1E+WPublic Law Advocacy Fees

Table 1(a): Care or supervision proceedings under section 31 of the Children Act 1989 – graduated fees

[F1Person before whom proceedings are heard] Hearing Unit 1 (up to 1 hour)Hearing Unit 2 (up to 2.5 hours)Conference feeOpinion feeAdvocates' Meeting FeeFinal Hearing Fee (per day)
[F2Assistant to a justices’ clerk, justices’ clerk or lay justices]£86.72£216.81£127.71£105.66£128.16£506.25
[F3Judge of district judge level, judge of circuit judge level or costs judge]£95.40£238.46£127.71£105.66£140.99£556.88
[F4Judge of High Court judge level]£114.48£286.16£127.71£105.66£169.20£668.25

Textual Amendments

F1Words in Sch. 3 Pt. 1 Table 1(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(a)

F2Words in Sch. 3 Pt. 1 Table 1(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(b)

F3Words in Sch. 3 Pt. 1 Table 1(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(c)

Table 1(b): Other Public Law Case – graduated fees

[F5 Person before whom proceedings are heard]Hearing Unit 1 (up to 1 hour)Hearing Unit 2 (up to 2.5 hours)Conference feeOpinion feeAdvocates' Meeting FeeFinal Hearing Fee (per day)
[F6Assistant to a justices’ clerk, justices’ clerk or lay justices]£75.83£189.59£127.71£105.66£128.16£464.31
[F7Judge of district judge level, judge of circuit judge level or costs judge]£83.39£208.53£127.71£105.66£140.99£510.75
[F8Judge of High Court judge level]£100.08£250.20£127.71£105.66£169.20£612.90

Table 1(c): Public Law – bolt-on fees

CategoryPayable ForFee Payable
Client – Allegations of HarmHearings25% of Hearing Unit Fee
Client – Lack of understanding etcHearings25% of Hearing Unit Fee
Expert's cross examinationHearings25% of Hearing Unit Fee
Exceptional travel feeHearings, Advocates' Meetings and Conferences£32.04

Table 1(d): Public Law – bolt-on fee – [F9advocate’s] bundle payments

Hearing type [F10ABP1] (351-700 pages) [F11ABP2] (701-1,400 pages) [F12ABP3] (over 1,400 pages)
Interim Hearing£59.40£89.10£89.10
Final Hearing£159.30£239.40£318.60

Textual Amendments

F9Word in Sch. 3 Pt. 1 Table 1(d) heading substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(i) (with reg. 3)

PART 2E+WPrivate Law Advocacy Fees

Table 2(a): Private Law Children – Graduated Fees

[F13 Person before whom proceedings are heard]Hearing Unit 1 (up to 1 hour)Hearing Unit 2 (up to 2.5 hours)Conference feeOpinion feeFinal hearing fee (per day)
[F14Assistant to a justices’ clerk, justices’ clerk or lay justices]£62.69£156.74£125.37£94.05£397.04
[F15Judge of district judge level, judge of circuit judge level or costs judge]£68.94£172.40£125.37£94.05£436.73
[F16Judge of High Court judge level]£82.76£206.87£125.37£94.05£524.07

Table 2(b): Domestic Abuse – Graduated Fees

[F17 Person before whom proceedings are heard] Hearing Unit 1 (up to 1 hour)Hearing Unit 2 (up to 2.5 hours)Final hearing fee (per day)
[F18Assistant to a justices’ clerk, justices’ clerk or lay justices]£81.50£203.76£361.17
[F19Judge of district judge level, judge of circuit judge level or costs judge]£81.50£203.76£361.17
[F20Judge of High Court judge level]£81.50£203.76£361.17

Table 2(c): Private Law Finance – Graduated Fees

[F21Person before whom proceedings are heard] Hearing Unit 1(up to 1 hour)Hearing Unit 2 (up to 2.5 hours)Finan-cial Dis-pute Resolu-tion Hearing Unit 1Finan-cial Dis-pute Resolu-tion Hearing Unit 2Early resolu-tion feeConfer-ence feeOpinionFeeFinalhearingfee (per day)
[F22Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge]£63.18£157.95£101.07£252.72£126.36£126.36£94.77£443.70
[F23Judge of High Court judge level]£75.83£189.54£121.32£303.26£151.65£126.36£94.77£532.44

Table 2(d): Private Law – bolt-on fees

Bolt-on FeePayable ForFee Payable
Client – Allegations of HarmPrivate Law Children Hearings25% of Hearing Unit Fee
Expert's cross examinationPrivate Law Children Hearings20% of Hearing Unit Fee
Exceptional travel feeHearings and Conferences£32.04

Table 2(e): Private Law Children and Finance – bolt on fees – [F24advocate’s] bundle payment

Hearing type [F25ABP1] (351-700 pages) [F26ABP2] (701-1,400 pages) [F27ABP3] (over 1,400 pages)
Interim hearing£59.40£89.10£89.10
Final hearing£159.30£239.40£318.60

Textual Amendments

F24Word in Sch. 3 Pt. 2 Table 2(e) heading substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(i) (with reg. 3)

F27Word in Sch. 3 Pt. 2 Table 2(e) substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(iv) (with reg. 3)

[F28Bolt on fees - advocate’s bundleE+W

2.(1) The Lord Chancellor must pay a bolt-on fee at the rates set out in tables 1(d) (Public Law – bolt-on fee – advocate’s bundle payments) or 2(e) (Private Law Children and finance – bolt-on fees – advocate’s bundle payment) as applicable to an advocate providing advocacy services in family proceedings where—

(a)the advocate’s bundle for a hearing exceeds 350 pages; and

(b)the advocate submits a claim on a form specified by the Lord Chancellor.

(2) An advocate must provide any additional information or documents requested by the Lord Chancellor as evidence that paragraph 2(1)(a) is satisfied.

(3) For the purposes of this paragraph the advocate’s bundle—

(a)may only include—

(i)those documents relevant to the case which have been served by the parties to the proceedings to which the hearing relates; and

(ii)notes of contact visits if included in the court bundle; and

(b)must include a paginated index agreed by the parties to those proceedings.

(4) In this paragraph, “court bundle” means the bundle prepared for the hearing to which the claim relates in accordance with Practice Direction 27A - Family Proceedings: Court Bundles (universal practice to be applied in the High Court and Family Court) to the Family Procedure Rules 2010.]