The Civil Legal Aid (Remuneration) Regulations 2013

In these Regulations—

• “the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

• F33“1981 Act” means the Senior Courts Act 1981;

• “1984 Act” means the Matrimonial and Family Proceedings Act 1984;

• “2003 Act” means the Courts Act 2003;

• “advocate” means a person who exercises a right of audience before a court, tribunal or other person and “advocacy” means the exercise of such a right;

• “advocates' meeting” means an advocates' meeting directed by the court pursuant to the outline set out in the table following F59paragraph 1.3 of Practice Direction 12A (Care, Supervision and other Part 4 Proceedings: Guide to Case Management) to the Family Procedure Rules 2010;

• “advocacy services” means work done—

  1. a

     by an advocate at a court hearing;

  2. b

     by an advocate, as such, in connection with an advocates' meeting;

  3. c

     by counsel in connection with a conference; and

  4. d

     by counsel in connection with an opinion,

  and fees and rates for advocacy services include, unless different provision is made in these Regulations, remuneration for preparatory work, attendances, travelling and waiting in relation to those services;

• F34“assistant to a justices’ clerk” has the meaning given in section 27(5) of the 2003 Act;

• “authorised” means authorised by the President of the Family Division, or nominated by or on behalf of the Lord Chief Justice to conduct particular business, under powers granted by rules made under section 31D of the 1984 Act;

• “Category Definition” means one of the Category Definitions that form part of the 2010 Standard Civil Contract F61, the 2013 Standard Civil Contract F77, the 2014 Standard Civil Contract F89, the 2015 Standard Civil Contract or the 2018 Standard Civil Contract;

• “Controlled Work” has the same meaning as in regulation 21(2) of the Civil Legal Aid (Procedure) Regulations 2012 M3;

• F35“costs judge” means—

  1. a

     the Chief Taxing Master;

  2. b

     a taxing master of the Senior Courts; or

  3. c

     a person appointed to act as deputy for the person holding office referred to in sub-paragraph (b) or to act as a temporary additional officer for any such office;

• “counsel” means—

  1. a

     a barrister in independent practice; and

  2. b

     a solicitor or Fellow of the Institute of Legal Executives who does not work in a partnership and who is not a party to the relevant contract;

• “family proceedings” means proceedings which arise out of family relationships, and includes proceedings in which the welfare of children is determined, and includes proceedings under the following—

  1. a

     the Matrimonial Causes Act 1973 M4;

  2. b

     the Adoption Act 1976 M5;

  3. c

     the Domestic Proceedings and Magistrates' Courts Act 1978 M6;

  4. d

     Part III (financial relief in England and Wales after overseas divorce etc) of the Matrimonial and Family Proceedings Act 1984 M7;

  5. e

     Parts I to V (introductory, orders with respect to children in family proceedings, local authority support for children and families, care and supervision, protection of children) of the Children Act 1989 M8;

  6. ea

     F81section 119 and section 124 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty);

  7. f

     Part IV (family homes and domestic violence) of the Family Law Act 1996 M9;

  8. g

     the Adoption and Children Act 2002 M10;

  9. h

     the Civil Partnership Act 2004 M11; and

  10. i

      the inherent jurisdiction of the High Court in relation to children,

  but does not include judicial review proceedings, proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 M12 or proceedings under the Trusts of Land and Appointment of Trustees Act 1996 M13;

• F36“judge of circuit judge level” means—

  1. a

     a circuit judge who is authorised, where applicable;

  2. b

     a Recorder who is authorised, where applicable; or

  3. c

     any other judge of the family court authorised to sit as a judge of circuit judge level in the family court;

• “judge of district judge level” means—

  1. a

     the Senior District Judge of the Family Division;

  2. b

     a district judge of the Principal Registry of the Family Division;

  3. c

     a person appointed to act as deputy for the person holding office referred to in sub-paragraph (b) or to act as a temporary additional officer for any such office;

  4. d

     a district judge who is authorised, where applicable;

  5. e

     a deputy district judge appointed under section 102 of the 1981 Act or section 8 of the County Courts Act 1984 who is authorised, where applicable;

  6. f

     an authorised District Judge (Magistrates’ Courts); or

  7. g

     any other judge of the family court authorised to sit as a judge of district judge level in the family court;

• “judge of High Court judge level” means—

  1. a

     a deputy judge of the High Court;

  2. b

     a puisne judge of the High Court;

  3. c

     a person who has been a judge of the Court of Appeal or a puisne judge of the High Court who may act as a judge of the family court by virtue of section 9 of the 1981 Act;

  4. d

     the Senior President of Tribunals;

  5. e

     the Chancellor of the High Court;

  6. f

     an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);

  7. g

     the President of the Queen’s Bench Division;

  8. h

     the President of the Family Division;

  9. i

     the Master of the Rolls; or

  10. j

      the Lord Chief Justice;

• “judge of the family court” means a judge referred to in section 31C(1) of the 1984 Act;

• “justices’ clerk” has the meaning given in section 27(1) of the 2003 Act;

• “lay justice” means an authorised justice of the peace who is not a District Judge (Magistrates’ Courts);

• “legally aided person” means a person for whom civil legal services are made available under arrangements made for the purposes of Part 1 of the Act and “client” has the same meaning;

• “provider” means a party, other than the Lord Chancellor, to the relevant contract;

• “the relevant contract” means whichever of the 2010 Standard Civil Contract, F64the 2010 Standard Crime Contract, the 2013 Standard Civil Contract F14, the 2013 Individual Case Contract (Civil) F62, the 2014 Standard Civil ContractF78, the 2014 Standard Civil Contract (Welfare Benefits) F84, the 2015 Standard Civil Contract F90, the 2016 Standard Civil Contract (Welfare Benefits) or the 2018 Standard Civil Contract governs the provision of civil legal services for which remuneration is claimed; and

• “the 2010 Standard Civil Contract”, F85“the 2010 Standard Crime Contract”, “the 2013 Standard Civil Contract”, the “2013 Individual Case Contract (Civil)” F15, the 2013 Individual Case Contract (High Cost Civil)” F63, the 2014 Standard Civil ContractF79, “the 2014 Standard Civil Contract (Welfare Benefits)” F86, “the 2015 Standard Civil Contract” F91, “the 2016 Standard Civil Contract (Welfare Benefits)” and “the 2018 Standard Civil Contract” mean the contracts so named between the Lord Chancellor and a provider of civil legal services M14 under Part 1 of the Act (legal aid).

Regulations F705A to 11 are subject to this regulation.

These Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by a contract between a person and the Lord Chancellor which has been awarded as part of any pilot which provides for remuneration by way of one or more standard fees.

With the exception of regulations F715A, 7 and 10, these Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by a contract between a person and the Lord Chancellor which has been awarded after competitive tendering as to price has taken place.

With the exception of F72regulations 5A and 10, these Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by the Individual Case Contract (High Cost Civil).

Where paragraph (3) applies, the reference in regulation 10(a) to “the relevant contract” is to the contract between a person and the Lord Chancellor which has been awarded after competitive tendering as to price has taken place.

Where paragraph (4) applies, the reference in regulation 10(a) to “the relevant contract” is to the Individual Case Contract (High Cost Civil).

F75Subject to paragraphs F7(3) to (4A)F75Subject to regulation 5A and paragraphs (3) and (4) of this regulation,, the Lord Chancellor must pay remuneration for civil legal services to which this regulation applies in accordance with the rates set out in Schedule 2.

Where a barrister in independent practice who is not a Queen’s Counsel provides civil legal services in a category not listed in Table 1 or Table 2 in Schedule 2, in considering the rate at which to remunerate the barrister for the services provided, the Lord Chancellor must have regard to the rates set out in Table 1 and the provisions relating to enhancement under paragraphs (3) to (3B).

Where a barrister in independent practice who is a Queen’s Counsel provides civil legal services in a category not listed in Table 2 in Schedule 2, in considering the rate at which to remunerate the barrister for the services provided, the Lord Chancellor must have regard to the rates set out in that Table.

This regulation applies to the payment by the Lord Chancellor of remuneration for the provision of advocacy services in family proceedings.

Where advocacy services in the circumstances described in paragraph (4) are provided by counsel, the Lord Chancellor must pay remuneration to counsel in accordance with the relevant contract.

In circumstances where the relevant contract requires the amount of remuneration payable to counsel to be determined having regard to matters including the remuneration that would have been payable had the services been remunerated under the provisions of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 M19, in deciding the amount of remuneration to pay to counsel under paragraph (6) the Lord Chancellor must reduce by 10% the remuneration that would have been payable under that Order.

This regulation applies to the payment by the Lord Chancellor of remuneration for civil legal services provided in relation to inquests.

If, due to exceptional circumstances, the Lord Chancellor considers it reasonable to do so, instead of paying remuneration in accordance with the rates set out in Schedule 4, the Lord Chancellor may pay remuneration F10in accordance with the payment rates set out in Part 2 of Schedule 2 to the Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subject to paragraphs (5) and (6), where a provider has instructed a barrister in independent practice to carry out work that is not Controlled Work, the barrister may apply to the Lord Chancellor on a form approved by the Lord Chancellor for payment on account of remuneration for the civil legal services provided by the barrister where any of the conditions in paragraphs (2) to (4) apply.

The first condition is that a period of 12, 24 or 36 months has elapsed since the date that the Director determined under section 9 of the Act that the legally aided person qualified for civil legal services.

The third condition is that the proceedings to which the determination referred to in paragraph (2) related have concluded or the provider is otherwise entitled to have the costs of the case assessed but the barrister has not been paid for at least six months since the provider was first so entitled.

An application under paragraph (1) may not be made in respect of advocacy services in family proceedings.

Where an application is made in accordance with regulation 11, the Lord Chancellor may pay the barrister up to 75% of the amount that the Lord Chancellor considers to be the barrister's reasonable fees.

Where an application for judicial review is issued and none of sub-paragraphs (a) to (e) of regulation 5A(1) applies, the barrister must repay to the Lord Chancellor any amount paid on account under paragraph (1) of this regulation for civil legal services consisting of making that application.

If a barrister's final fees are assessed at an amount less than the amount that the Lord Chancellor has paid to the barrister on account, the barrister must pay the difference to the Lord Chancellor.