Amendments to the 2007 Order
5.—(1) This article applies to proceedings in which a representation order is granted on or after 14th July 2010.
(2) In article 2, for the definition of “Very High Cost Case” substitute—
““Very High Cost Case” means a case in which a representation order has been granted and which the Commission classifies as a Very High Cost Case on the grounds that—
in relation to fees claimed by litigators—
if the case were to proceed to trial, the trial would in the opinion of the Commission be likely to last for more than 40 days, and the Commission considers that there are no exceptional circumstances which make it unsuitable to be dealt with under its contractual arrangements for Very High Cost Cases; or
if the case were to proceed to trial, the trial would in the opinion of the Commission be likely to last no fewer than 25 and no more than 40 days and the Commission considers that there are circumstances which make it suitable to be dealt with under its contractual arrangements for Very High Cases;
in relation to fees claimed by advocates, if the case were to proceed to trial, the trial would in the opinion of the Commission be likely to last for more than 60 days, and the Commission considers that there are no exceptional circumstances which make it unsuitable to be dealt with under its contractual arrangements for Very High Cost Cases.”
(3) In —
(a)paragraphs 20(7A) and 24A(1), (2)(a) and (3) of Schedule 1, after each reference to “Very High Cost Case” insert “(in relation to fees claimed by advocates)”;
(b)paragraphs 2(6) and 2(7) of Schedule 2, after each reference to “Very High Cost Case” insert “(in relation to fees claimed by litigators)”;
(c)paragraph 25(1) of Schedule 2, after the first reference to “Very High Cost Case” insert “(in relation to fees claimed by advocates)”.