The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 3) Regulations 1994

Allowance of fees at enhanced rates

7.—(1) In paragraphs 1(1) and 2 of Schedule 1 Part I for the word “basic” at each of the places at which it occurs there shall be substituted “prescribed”.

(2) —For paragraph 3 of Schedule 1 Part I there shall be substituted the following paragraph:—

“3.— (1) Upon a determination the appropriate authority may allow fees at more than the relevant prescribed rate specified in paragraph 1 subject to the provisions of this regulation where it appears to the appropriate authority, taking into account all the relevant circumstances of the case, that

(a) the work was done with exceptional competence, skill or expertise;

(b) the work was done with exceptional dispatch; or

(c) the case involved exceptional circumstances or complexity.

(2) Where the appropriate authority considers that any item or class of work should be allowed at more than the prescribed rate, it shall apply to that item or class of work a percentage enhancement in accordance with the following provisions of this regulation.

(3) In determining the percentage by which fees should be enhanced above the prescribed rate the appropriate authority shall have regard to:—

(a) the degree of responsibility accepted by the solicitor and his staff;

(b) the care, speed and economy with which the case was prepared;

(c) the novelty, weight and complexity of the case.

(4) Except in proceedings to which paragraph (5) applies, the percentage above the relevant prescribed rate by which fees for work may be enhanced shall not exceed 100 per cent.

(5) Where the proceedings relate to serious or complex fraud, the percentage above the relevant prescribed rate by which fees for work may be enhanced shall not exceed 200 per cent.

(6) The appropriate authority may have regard to the generality of proceedings to which these Regulations apply in determining what is exceptional within the meaning of this regulation.”.