The Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) (Amendment) Regulations 2024

Amendment of the Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) Regulations 2022

2.—(1) The Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) Regulations 2022(1) are amended as follows.

(2) In regulation 1(3) after the definition of “public law (section 31 care proceedings) case” insert—

““terminated appointment” means an appointment of a qualified legal representative which was terminated by the court before a hearing.”.

(3) After regulation 5 insert—

“Terminated appointments

5A.— (1) A fee in respect of a terminated appointment may be claimed where—

(a) a preliminary hearing or a cross-examination hearing is listed;

(b) the qualified legal representative subsequently undertakes at least 30 minutes of preparatory work; and

(c) the court terminates the appointment before the hearing.

(2) A terminated appointment fee in respect of a preliminary hearing is—

(a) in family proceedings, a Hearing Unit 1 fee as described in Table 1 in the Schedule or;

(b) in civil proceedings, a Hearing Unit 1 fee as described in Table 3 in the Schedule.

(3) A terminated appointment fee in respect of a cross-examination hearing is—

(a) in family proceedings, half of a single day fee as described in Table 2 in the Schedule; or

(b) in civil proceedings, half of a single day fee as described in Table 4 in the Schedule.

(4) Costs in respect of a terminated appointment may be claimed where—

(a) a preliminary hearing or a cross-examination hearing is listed;

(b) the qualified legal representative has incurred costs in anticipation of attending the hearing;

(c) the court terminates the appointment of the qualified legal representative before the hearing; and

(d) the qualified legal representative has complied with paragraph (5) but is unable to recover all of the costs incurred.

(5) The qualified legal representative must attempt to recover the costs incurred within 24 hours of being notified of the termination of the appointment.”.

(4) In regulation 6—

(a) in paragraph (2), for “or cancelled hearing” substitute “, cancelled hearing or terminated appointment”;

(b) in paragraph (3), for “or cancelled hearing” substitute “, cancelled hearing or terminated appointment”.

(5) For Table 1 in the Schedule, substitute—

	“Level of judge
Case type	Justices’ legal adviser or lay justice		Judge of circuit or district judge level	Judge of High Court judge level
(1) Hearing Unit 1
(2) Hearing Unit 2”
Private law (children)
HU1(1) (under one hour)	£68.96	£75.83			£91.04
HU2(2) (1 to 2.5 hours)	£172.41	£189.64			£227.56
Private law (domestic abuse)
HU1 (under one hour)	£89.65	£89.65			£89.65
HU2 (1 to 2.5 hours)	£224.14	£224.14			£224.14
Private law (finance and other)
HU1 (under one hour)	£69.50	£69.50			£83.41
HU2 (1 to 2.5 hours)	£173.75	£173.75			£208.49
Public law (section 31 care proceedings)
HU1 (under one hour)	£95.39	£104.94			£125.93
HU2 (1 to 2.5 hours)	£238.49	£262.31			£314.78
Public law (other
HU1 (under one hour)	£83.41	£91.73			£110.09
HU2 (1 to 2.5 hours)	£208.55	£229.38			£275.22

(6) For Table 2 in the Schedule, substitute—

	“Day 1			Further days
	Level of judge			Level of judge
Case type	Justices’ legal adviser or lay justice	Judge of circuit or district judge level	Judge of High Court judge level	Justices’ legal adviser or lay justice	Judge of circuit or district judge level	Judge of High Court judge level
Private law (children)	£545.93	£600.50	£720.60	£436.74	£480.40	£576.48
hPrivate law (domestic abuse)	£496.61	£496.61	£496.61	£397.29	£397.29	£397.29
Private law (finance and other)	£610.09	£610.09	£732.11	£488.07	£488.07	£585.68
Public law (section 31 care proceedings)	£696.09	£765.71	£918.84	£556.88	£612.57	£735.08
Public law (other)	£638.43	£702.28	£842.74	£510.74	£561.83	£674.19”

(7) For Table 3 in the Schedule, substitute—

	“Level of judge
Case type	Justices’ legal adviser or lay justice	Judge of circuit or district judge level	Judge of High Court judge level
Civil proceedings
HU1 (under one hour)	N/A	£69.50	£83.41
HU2 (1 to 2.5 hours)	N/A	£173.75	£208.49”

(8) For Table 4 in the Schedule, substitute—

	“Day 1			Further days
	Level of judge			Level of judge
Case type	Justices’ legal adviser or lay justice	Judge of circuit or district judge level	Judge of High Court judge level	Justices’ legal adviser or lay justice	Judge of circuit or district judge level	Judge of High Court judge level
Civil proceedings	N/A	£610.09	£732.11	N/A	£488.07	£585.68”

(9) For Table 5 in the Schedule, substitute—

“Number of bundle pages
351-700	701-1,400	over 1,400
£175.23	£263.34	£350.46”

(1)

S.I. 2022/567, amended by S.I. 2023/1319.