7.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration for civil legal services provided by barristers in independent practice where the civil legal services—

(a)are in relation to work that is not Controlled Work; and

(b)are not—

(i)advocacy services in family proceedings; or

(ii)other legal services in relation to inquests.

(2) Subject to paragraphs [F1(3) to (4A)], 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.

[F2(3) The Lord Chancellor may pay an enhancement to the hourly rates set out in Table 1 of Schedule 2 where—

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

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

(c)the case involved exceptional circumstances or complexity.

(3A) Subject to paragraph (3B), when calculating the percentage by which the hourly rates may be enhanced under paragraph (3), the Lord Chancellor must have regard to the—

(a)degree of responsibility accepted by the barrister;

(b)care, speed and efficiency with which the barrister prepared the case; and

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

(3B) The Lord Chancellor must not pay an enhancement which exceeds—

(a)100% for proceedings in the Upper Tribunal or High Court; or

(b)50% for all other proceedings.]

[F3(4) 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).]

[F4(4A) 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.]

[F5(5) For the purpose of this regulation—

(a)in determining what is exceptional, the Lord Chancellor may have regard to the generality of proceedings to which the relevant rates apply;

(b)“care” includes the skill with which the barrister has carried out the work and, in particular, the care with which the barrister has dealt with a vulnerable client; and

(c)“weight” means the—

(i)volume of documentation or other material in a case;

(ii)number of issues arising in a case; or

(iii)importance of the case to the client.]

Textual Amendments

F2Reg. 7(3)-(3B) substituted for reg. 7(3) (2.12.2013) by The Civil Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2877), regs. 1, 2(2)(b) (with reg. 3)