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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)
[F2[F3Justices’ legal adviser] or lay justices]£86.72£216.81£127.71£105.66£128.16£506.25
[F4Judge of district judge level, judge of circuit judge level or costs judge]£95.40£238.46£127.71£105.66£140.99£556.88
[F5Judge of High Court judge level]£114.48£286.16£127.71£105.66£169.20£668.25

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

[F6 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)
[F7[F8Justices’ legal adviser] or lay justices]£75.83£189.59£127.71£105.66£128.16£464.31
[F9Judge of district judge level, judge of circuit judge level or costs judge]£83.39£208.53£127.71£105.66£140.99£510.75
[F10Judge 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 – [F11advocate’s] bundle payments

Hearing type [F12ABP1] (351-700 pages) [F13ABP2] (701-1,400 pages) [F14ABP3] (over 1,400 pages)
Interim Hearing£59.40£89.10£89.10
Final Hearing£159.30£239.40£318.60

Textual Amendments

F11Word 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

[F15 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)
[F16[F17Justices’ legal adviser] or lay justices]£62.69£156.74£125.37£94.05£397.04
[F18Judge of district judge level, judge of circuit judge level or costs judge]£68.94£172.40£125.37£94.05£436.73
[F19Judge of High Court judge level]£82.76£206.87£125.37£94.05£524.07

Table 2(b): Domestic Abuse – Graduated Fees

[F20 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)
[F21[F22Justices’ legal adviser] or lay justices]£81.50£203.76£361.17
[F23Judge of district judge level, judge of circuit judge level or costs judge]£81.50£203.76£361.17
[F24Judge of High Court judge level]£81.50£203.76£361.17

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

[F25Person 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)
[F26[F27Justices’ legal adviser], 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
[F28Judge 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 – [F29advocate’s] bundle payment

Hearing type [F30ABP1] (351-700 pages) [F31ABP2] (701-1,400 pages) [F32ABP3] (over 1,400 pages)
Interim hearing£59.40£89.10£89.10
Final hearing£159.30£239.40£318.60

Textual Amendments

F29Word 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)

F32Word 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)

[F33Bolt 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.]