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

3.—(1) Upon a determination in respect of any case the appropriate officer may allow fees at more than the relevant prescribed rate specified in paragraph 1, subject to the provisions of this paragraph, where it appears to him, 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 despatch; or

(c) the case involved exceptional circumstances or complexity.

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

(3) In determining the percentage by which fees should be enhanced above the prescribed rate the appropriate officer should 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; and

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

(4) The percentage above the relevant prescribed rate by which fees for work may be enhanced shall not exceed 200 per cent.