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

SCHEDULE 1 Solicitors' fees

FEES DETERMINED UNDER REGULATION 13

1.  Subject to paragraph 2, the appropriate officer shall allow fees for work allowed by him under regulation 13 at the following prescribed rates—

Class of work	Grade of fee-earner	Rate
Preparation	Senior solicitor	£55.75 per hour
	Solicitor, legal executive or fee-earner of equivalent experience	£47.25 per hour
	Trainee or fee-earner of equivalent experience	£34.00 per hour
Attendance at the Tribunal where more than one representative assigned	Senior solicitor	£42.25 per hour
	Solicitor, legal executive or fee-earner of equivalent experience	£34.00 per hour
	Trainee or fee-earner of equivalent experience	£20.50 per hour
Travelling and waiting	Senior solicitor, solicitor, legal executive or fee-earner of equivalent experience	£24.75 per hour
	Trainee or fee-earner of equivalent experience	£12.50 per hour
Routine letters written and routine telephone calls		£3.60 per item

2.  In respect of any item of work, the appropriate officer may allow fees at less than the relevant prescribed rate specified in paragraph 1 where it appears to him reasonable to do so having regard to the competence and despatch with which the work was done.

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.

SCHEDULE 2 Advocates' fees

1.  The appropriate officer shall allow such fee in respect of an item of work allowed under regulation 16(3), not exceeding the maximum amount specified in respect of that item of work, as appears to him to provide reasonable remuneration.

2.  Where an hourly rate is specified in a Table in this Schedule in respect of an item of work allowed under regulation 16(3), the appropriate officer shall determine any fee for such work in accordance with that hourly rate, provided that the fee determined shall not be less than the minimum amount specified.

3.  Where a refresher fee is claimed in respect of less than a full day, the appropriate officer shall allow such fee as appears to him reasonable having regard to the fee which would be allowable for a full day.

Table 1: Junior counsel/solicitor advocate

Basic fee	Full day refresher	Subsidiary fees
		Attendance at consultations and conferences	Written work	Attendance at hearings before the main hearing
Maximum amount: £545.50	Maximum amount: £178.75	£33.50 per hour Minimum amount: £16.75	Maximum amount: £58.25	Maximum amount: £110

Table 2: Queen’s counsel

Basic fee	Full day refresher	Subsidiary fees
		Attendance at consultations and conferences	Written work	Attendance at hearings before the main hearing
Maximum amount: £5,400.00	Maximum amount: £330.50	£62.50 per hour Minimum amount: £32.00	Maximum amount: £119.50	Maximum amount: £257.50