Regulations 6, 8(3) and 9(2)
SCHEDULE 1E+W
InterpretationE+W
1.—(1) Unless different provision is made, words and expressions used in this Schedule have the same meaning as in the relevant contract.
(2) In this Schedule, “Mental Health Proceedings” means proceedings or potential proceedings before the First-tier Tribunal or the Mental Health Review Tribunal for Wales under any provision of the Mental Health Act 1983 M1 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 M2.
(3) In Part 3 of this Schedule (Hourly Rates – Licensed Work) “Higher Courts” means as appropriate the Court of Protection, the Crown Court, the Employment Appeal Tribunal, the Upper Tribunal, the High Court [F1other than a judge of High Court judge level acting as a judge of the family court], the Court of Appeal and the Supreme Court.
Textual Amendments
F1Words in Sch. 1 para. 1(3) inserted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), reg. 1(1), Sch. para. 1(1) (with regs. 3-7)
Marginal Citations
PART 1E+WCivil Standard and Graduated Fees
Legal help and help at courtE+W
2. The fees in Table 1 for Housing do not apply to the Housing Possession Court Duty Scheme. The fees for that Scheme are contained in Table 6 in this Part.
[F22A. The fees in Table 1 for Welfare Benefits do not apply to the payment of remuneration by the Lord Chancellor to providers of civil legal services where the provision of those services is governed by the 2014 Standard Civil Contract (Welfare Benefits). The fee for the payment of remuneration by the Lord Chancellor to those persons is contained in Table 7 in this Part.]E+W
Textual Amendments
F2Sch. 1 Pt. 1 para. 2A inserted (1.2.2014) by The Civil Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/7), regs. 1, 2(3)
3. In Table 1, “consumer general contract”, “employment” and “personal injury” have the same meanings as in the category definitions of the 2010 Standard Civil Contract in force on 31st March 2013 M3.E+W
Table 1
Category Definition | F3... Standard Fee | F3... Escape Fee Threshold |
---|---|---|
Actions Against the Police | £239 | £717 |
Clinical Negligence | £195 | £585 |
Community Care | £266 | £798 |
Debt | £180 | £540 |
Education | £272 | £816 |
Housing | £157 | £471 |
Miscellaneous | £159 (consumer general contract) £207 (employment) [F4£157 (injunctions under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 and related parenting orders)] £203 (personal injury) £79 (all other matters) | £477 (consumer general contract) £621 (employment) [F4£471 (injunctions under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 and related parenting orders)] £609 (personal injury) £237 (all other matters) |
Public Law | £259 | £777 |
Welfare Benefits | £150 | £450 |
Table 2(a): Legal help
Family Public Law
Region | Fee |
---|---|
National | £132 |
Table 2(b): Family help (lower) - section 31 Children Act 1989 Care or Supervision proceedings only
Region | Fee |
---|---|
National | £365 |
[F5Table 2(c): Legal representation – section 31 Children Act 1989 Care or Supervision proceedings only
Party | Person before whom proceedings are heard | Number of clients | Midlands | North | London and South | Wales |
---|---|---|---|---|---|---|
Child | Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge | 1 | £1,754 | £1,438 | £2,013 | £1,965 |
Child | Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge | 2 or more | £2,630 | £2,156 | £3,020 | £2,948 |
Child | Judge of High Court judge level | 1 | £2,332 | £1,913 | £2,678 | £2,613 |
Child | Judge of High Court judge level | 2 or more | £3,498 | £2,869 | £4,015 | £3,919 |
Joined Party | Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge | £930 | £718 | £1,081 | £1,171 | |
Joined Party | Judge of High Court judge level | £1,237 | £956 | £1,437 | £1,557 | |
Parent | Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge | 1 | £2,300 | £1,911 | £2,616 | £2,370 |
Parent | Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge | 2 | £2,876 | £2,388 | £3,270 | £2,962 |
Parent | Judge of High Court judge level | 1 | £3,059 | £2,541 | £3,479 | £3,152 |
Parent | Judge of High Court judge level | 2 | £3,824 | £3,177 | £4,349 | £3,940] |
Table 3(a): Legal help
Family Private Law
Region | Fee |
---|---|
National | £86 |
Table 3(b): Legal help – Divorce petition only
Region | Fee |
---|---|
National | £146 |
Table 3(c): Family help (lower) - Children
Region | Fee | Settlement Fee |
---|---|---|
London | £230 | £138 |
Non-London | £199 | £119 |
Table 3(d): Family help (lower) - Finance
Region | Fee | Settlement Fee |
---|---|---|
London | £241 | £145 |
Non-London | £208 | £125 |
Table 3(e): Help with family mediation
Activity | Fee |
---|---|
Mediation Advice | £150 |
Mediation Consent Order (Finance) | £200 |
[F6Table 3(f): Higher Standard Fee Scheme – Children
Region | Person or court before whom proceedings are heard | Family help (higher) Standard Fee | Legal representation Standard Fee |
---|---|---|---|
London | Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge | £424 | £302 |
London | Judge of High Court judge level or Court of Protection | £509 | £362 |
Non-London | Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge | £353 | £251 |
Non-London | Judge of High Court judge level or Court of Protection | £424 | £302] |
[F7Table 3(g): Higher Standard Fee Scheme – Finance
Region | Person or court before whom proceedings are heard | Family help (higher) Standard Fee | Family help (higher) Settlement Fee | Legal representation Standard Fee |
---|---|---|---|---|
London | Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge | £471 | £95 | £374 |
London | Judge of High Court judge level or Court of Protection | £565 | £113 | £449 |
Non-London | Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge | £392 | £78 | £311 |
Non-London | Judge of High Court judge level or Court of Protection | £471 | £95 | £374] |
[F8Table 3(h): Higher Standard Fee Scheme – Domestic Abuse Proceedings
Region | Person or court before whom proceedings are heard | Legal representation Standard Fee |
---|---|---|
London | Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge | £608 |
London | Judge of High Court judge level or Court of Protection | £729 |
Non-London | Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge | £507 |
Non-London | Judge of High Court judge level or Court of Protection | £608] |
Table 4(a): Immigration and Asylum Standard Fees
Immigration and Asylum
Type of matter | Stage 1 (legal help) | Stage 2a (controlled legal representation) | Stage 2b (controlled legal representation) |
---|---|---|---|
Asylum | £413 | £227 | £567 |
Immigration – non-asylum | £234 | £227 | £454 |
Table 4(b): Additional Payment – UKBA Interview
Representation at UKBA Interview | £266 |
Table 4(c): Additional Payments for Advocacy Services
Oral Case Management Review Hearing | £166 |
Telephone Case Management Review Hearing | £90 |
Substantive Hearing in the Immigration and Asylum Chamber of the First-tier Tribunal | Asylum - £302 Immigration - £ 237 |
Additional Day Substantive Hearing | Asylum - £161 Immigration - £161 |
Table 4(d): Immigration Removal Centres Standard Fees (for Exclusive Schedule Holders only)
On Site Surgery – advising 5 or more clients | £360 |
On Site Surgery – advising 4 clients or less | £180 |
Fast Track Standby Payment | £34.02 |
Table 5(a): Basic Fees
Mental Health
Basic Fees | Value |
---|---|
Mental Health – non Tribunal | £253 |
Level 1 (Mental Health Proceedings) | £129 |
Level 2 (Mental Health Proceedings) | £321 |
Level 3 (Mental Health Proceedings) | £294 |
Table 5(b): Additional Fees
Additional Fees | Value |
---|---|
Adjourned Hearing Fee | £117 |
Remote Travel Payment: Level 1 (Mental Health Proceedings) | £69 |
Remote Travel Payment: Non-Tribunal, Level 2 (Mental Health Proceedings), Level 3 (Mental Health Proceedings) | £138 |
Table 6: Standard Fee
Housing Possession Court Duty Scheme
Region | Standard Fee |
---|---|
London | £75.60 |
Non-London | £71.55 |
Textual Amendments
F3Words in Sch. 1 Pt. 1 Table 1 omitted (23.3.2015) by virtue of The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 2(3)(a)(i)
F4Words in Sch. 1 Pt. 1 Table 1 inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 2(3)(a)(ii)
F5Sch. 1 Pt. 1 Table 2(c) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), reg. 1(1), Sch. para. 1(3) (with regs. 3-7)
F6Sch. 1 Pt. 1 Table 3(f) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), reg. 1(1), Sch. para. 1(4) (with regs. 3-7)
F7Sch. 1 Pt. 1 Table 3(g) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), reg. 1(1), Sch. para. 1(5) (with regs. 3-7)
F8Sch. 1 Pt. 1 Table 3(h) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), reg. 1(1), Sch. para. 1(6) (with regs. 3-7)
F9Sch. 1 Pt. 1 Table 7 inserted (1.2.2014) by The Civil Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/7), regs. 1, 2(4)
Marginal Citations
M3The contract is available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office) at 102 Petty France, London SW1H 9AJ.
PART 2E+WHourly Rates – Controlled Work
Table 7(a): Immigration and Asylum Escape Fee cases, Mental Health, Actions Against the Police, Public Law, Education and Community Care
Legal help, help at court and family help (lower)
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation, Attendance and Advocacy | £52.65 per hour | £48.24 per hour |
Travel and Waiting Time | £27.81 per hour | £27.00 per hour |
Routine Letters Out and Telephone Calls | £4.05 per item | £3.78 per item |
Table 7(b): Family and Housing (except as in Table 7(c)) and Miscellaneous (employment)
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation, Attendance and Advocacy | £48.74 per hour | £45.95 per hour |
Travel and Waiting Time | £25.74 per hour | £25.74 per hour |
Routine Letters Out and Telephone Calls | £3.78 per item | £3.65 per item |
Table 7(c): Legal help or help at court provided in relation to a review under section 202 of the Housing Act 1996 and to a defendant to a possession claim in the County Court, family help (lower) and related legal help in relation to section 31 of the Children Act 1989
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation, Attendance and Advocacy | £56.16 per hour | £52.56 per hour |
Travel and Waiting Time | £27.81 per hour | £27.05 per hour |
Routine Letters Out and Telephone Calls | £4.05 per item | £3.78 per item |
Table 7(d): Immigration and Asylum hourly rates cases
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation, Attendance and Advocacy | £51.62 per hour | £47.30 per hour |
Travel and Waiting Time | £27.27 per hour | £26.51 per hour |
Routine Letters Out and Telephone Calls | £3.96 per item | £3.69 per item |
Table 7(e): All other categories
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation, Attendance and Advocacy | £46.53 per hour | £43.88 per hour |
Travel and Waiting Time | £24.62 per hour | £24.62 per hour |
Routine Letters Out and Telephone Calls | £3.60 per item | £3.47 per item |
Table 8(a): Immigration and Asylum – Escape Fee Cases
Controlled Legal Representation
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation and Attendance | £57.83 per hour | £54.09 per hour |
Travel and Waiting Time | £28.62 per hour | £27.81 per hour |
Routine Letters Out and Telephone Calls | £4.14 per item | £3.87 per item |
Advocacy | £65.79 per hour | £65.79 per hour |
F10...
Textual Amendments
F10Sch. 1 Pt. 2 Table 8(b) omitted (2.12.2013) by virtue of The Civil Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2877), regs. 1, 2(4)(a) (with reg. 3)
[F11Table 8(c): Controlled Legal Representation – Immigration and Asylum hourly rates cases]
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation and Attendance | £55.08 per hour | £51.53 per hour |
Travel and Waiting Time | £27.27 per hour | £26.51 per hour |
Routine Letters Out and Telephone Calls | £3.96 per hour | £3.69 per hour |
Advocacy | £62.64 per hour | £62.64 per hour |
Textual Amendments
F11Sch. 1 Pt. 2 Table 8(c) heading substituted (2.12.2013) by The Civil Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2877), regs. 1, 2(4)(b) (with reg. 3)
Table 8(d): Representation in Mental Health Proceedings
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation, Attendance and Advocacy | £57.83 per hour | £54.09 per hour |
Travel and Waiting Time | £28.62 per hour | £27.81 per hour |
Routine Letters Out and Telephone Calls | £4.14 per item | £3.87 per item |
Advocacy | £65.79 per item | £65.79 per item |
Attending Tribunal with Counsel | £30.78 per hour | £30.78 per hour |
PART 3E+WHourly Rates – Licensed Work
Table 9(a): Proceedings under Parts IV or V of the Children Act 1989, including proceedings under section 25 of that Act [F12but excluding proceedings under section 31 of that Act]
Family Prescribed Rates
Activity | [F13Judge of High Court judge level (acting as a judge of the family court) or] Higher Courts | [F14Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge] |
---|---|---|
Writing routine letters | £4.23 per item | £3.69 per item |
Receiving routine letters | £2.12 per item | £1.85 per item |
Routine telephone calls | £4.23 per item | £3.69 per item |
Preparation and attendance | £70.07 per hour (London rate) £65.84 per hour (Non-London rate) | £61.38 per hour (London rate) £58.41 per hour (Non-London rate) |
Attendance at court or conference with counsel | £37.13 per hour | £32.67 per hour |
Advocacy | £70.07 per hour (London rate) £65.84 per hour (Non-London rate) | £64.35 per hour |
Travelling and waiting time | £32.18 per hour | £29.21 per hour |
Textual Amendments
F12Words in Sch. 1 Pt. 3 Table 9(a) heading inserted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), reg. 1(1), Sch. para. 2(2) (with regs. 3-7)
F13Words in Sch. 1 Pt. 3 Table 9(a) inserted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), reg. 1(1), Sch. para. 2(3)(a) (with regs. 3-7)
F14Words in Sch. 1 Pt. 3 Table 9(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), reg. 1(1), Sch. para. 2(3)(b) (with regs. 3-7)
[F15Table 9(aa): Legal representation – section 31 Children Act 1989 Care or Supervision proceedings only
Activity | Judge of High Court judge level (acting as a judge of the family court) or Higher Courts | Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge |
---|---|---|
Writing routine letters | £4.23 per item | £3.69 per item |
Receiving routine letters | £2.12 per item | £1.85 per item |
Routine telephone calls | £4.23 per item | £3.69 per item |
Preparation and attendance | £63.06 per hour (London rate) £59.26 per hour (Non-London rate) | £55.24 per hour (London rate) £52.57 per hour (Non-London rate) |
Attendance at court or conference with counsel | £33.42 per hour | £29.40 per hour |
Travelling and waiting time | £28.96 per hour | £26.29 per hour] |
Textual Amendments
F15Sch. 1 Pt. 3 Table 9(aa) inserted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), reg. 1(1), Sch. para. 2(4) (with regs. 3-7)
Table 9(b): Other Family Proceedings
Activity | [F16Judge of High Court judge level (acting as a judge of the family court) or] Higher Courts | [F17Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge] |
---|---|---|
Routine letters out | £6.35 per item | £5.40 per item |
Receiving routine letters | £3.15 per item | £2.70 per item |
Routine telephone calls | £6.35 per item | £5.40 per item |
Preparation and attendance | £70.56 per hour (London rate) £65.75 per hour (Non-London rate) | £59.40 per hour (London rate) £54.90 per hour (Non-London rate) |
Attending court or conference with Counsel | £37.13 per hour | £32.40 per hour |
Advocacy | £70.56 per hour (London rate) £65.75 per hour (Non-London rate) | £59.40 per hour (London rate) £56.70 per hour (Non-London rate) |
Travelling and waiting time | £32.18 per hour | £28.80 per hour (London rate) £27.90 per hour (Non-London rate) |
Textual Amendments
F16Words in Sch. 1 Pt. 3 Table 9(b) inserted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), reg. 1(1), Sch. para. 2(3)(a) (with regs. 3-7)
F17Words in Sch. 1 Pt. 3 Table 9(b) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), reg. 1(1), Sch. para. 2(3)(b) (with regs. 3-7)
Table 10(a): Higher Courts, County Courts and Magistrates' Courts for work carried out with Schedule Authorisation [F18or injunctions under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 and related parenting orders]
Non Family Prescribed Rates
Activity | Higher Courts | County Court and Magistrates' Courts |
---|---|---|
Routine letters out | £6.75 per item | £5.94 per item |
Routine telephone calls | £3.74 per item | £3.29 per item |
Preparation and attendance | £71.55 per hour (London rate) £67.50 per hour (Non-London rate) | £63.00 per hour (London rate) £59.40 per hour (Non-London rate) |
Attendance at court or conference with Counsel | £33.30 | £29.25 |
Advocacy | £67.50 per hour | £59.40 per hour |
Travelling and waiting time | £29.93 per hour | £26.28 per hour |
Textual Amendments
F18Words in Sch. 1 Pt. 3 Table 10(a) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 2(3)(b)(i)
Table 10(b): Higher Courts, County Courts and Magistrates' Courts for work not carried out with Schedule Authorisation [F19(except as in Table 10(a))]
Activity | Higher Courts | County Court and Magistrates' Courts |
---|---|---|
Routine letters out | £6.66 per item | £5.85 per item |
Routine telephone calls | £3.69 per item | £3.24 per item |
Preparation and attendance | £70.65 per hour (London rate) £66.60 per hour (Non-London rate) | £62.10 per hour (London rate) £58.50 per hour (Non-London rate) |
Attendance at court or conference with Counsel | £32.76 per hour | £28.80 per hour |
Advocacy | £66.60 per hour | £58.50 per hour |
Travelling and waiting time | £29.43 per hour | £25.88 per hour |
Textual Amendments
F19Words in Sch. 1 Pt. 3 Table 10(b) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 2(3)(b)(ii)
Table 10(c): First-tier Tribunal
Activity | London Rate | Non-London Rate |
---|---|---|
Preparation and attendance | £55.08 per hour | £51.53 per hour |
Routine letters out and telephone calls | £3.96 per item | £3.69 per item |
Attending tribunal or conference with counsel | £29.30 per hour | £29.30 per hour |
Advocacy | £62.64 per hour | £62.64 per hour |
Travelling and waiting time | £27.27 per hour | £26.51 per hour |
PART 4E+WFamily Mediation Fees
Table 11(a): Assessment Meetings
Activity | Fee |
---|---|
Assessment alone | £87 |
Assessment separate | £87 |
Assessment together | £130 |
Table 11(b): Mediation Fees
Category of Work | Single Session | Multi Session | Agreed Proposal |
---|---|---|---|
All Issues of Sole Mediation | £168 | £756 | £252 |
All Issues Co-Mediation | £230 | £1,064 | £252 |
Property and Finance Sole Mediation | £168 | £588 | £189 |
Property and Finance Co-Mediation | £230 | £834 | £189 |
Child Sole Mediation | £168 | £462 | £126 |
Child Co-Mediation | £230 | £647 | £126 |
Regulation 7
[F20SCHEDULE 2E+WRemuneration of barristers in independent practice in relation to work that is not Controlled Work, advocacy services in family proceedings or other legal services in relation to inquests
Textual Amendments
InterpretationE+W
1. For the purpose of this Schedule—
“junior counsel” means a barrister in independent practice of less than 10 years call; and
“senior counsel” means a barrister in independent practice of 10 years call or more.
Table 1: Rates in the County Court, High Court or Upper Tribunal other than for Queen’s Counsel
Category | Hourly Rate |
---|---|
Preparation and attendance in the High Court or Upper Tribunal | £71.55 (London rate) £67.50 (Non-London rate) |
Preparation and attendance in the County Court | £63.00 (London rate) £59.40 (Non-London rate) |
Attendance at court or conference in the High Court or Upper Tribunal | £33.30 |
Attendance at court or conference in the County Court | £29.25 |
Advocacy in the High Court or Upper Tribunal | £67.50 |
Advocacy in the County Court | £59.40 |
Travel and waiting in the High Court or Upper Tribunal | £29.93 |
Travel and waiting in the County Court | £26.28 |
Table 2: Rates in the Court of Appeal or Supreme Court and for Queen’s Counsel (in any court)
Category | Hourly Rate |
---|---|
Led junior counsel in the Court of Appeal or the Supreme Court | £112.50 |
Leading senior counsel in the Court of Appeal | £157.50 |
Queen’s Counsel (where approved for briefing or instruction by the Lord Chancellor) in the High Court or Court of Appeal | £180 |
Leading senior counsel in the Supreme Court | £180 |
Queen’s Counsel (where approved for briefing or instruction by the Lord Chancellor) in the Supreme Court | £225 |
Noter/Pupil/2nd led junior counsel in the Court of Appeal or Supreme Court | £36] |
Regulation 8(2)
SCHEDULE 3E+WFamily Advocacy Scheme: Fees and Rates
InterpretationE+W
1. Unless different provision is made, words and expressions used in this Schedule have the same meaning as in the relevant contract.
PART 1E+WPublic Law Advocacy Fees
Table 1(a): Care or supervision proceedings under section 31 of the Children Act 1989 – graduated fees
[F21Person before whom proceedings are heard] | Hearing Unit 1 (up to 1 hour) | Hearing Unit 2 (up to 2.5 hours) | Conference fee | Opinion fee | Advocates' Meeting Fee | Final Hearing Fee (per day) |
---|---|---|---|---|---|---|
[F22Assistant to a justices’ clerk, justices’ clerk or lay justices] | £86.72 | £216.81 | £127.71 | £105.66 | £128.16 | £506.25 |
[F23Judge of district judge level, judge of circuit judge level or costs judge] | £95.40 | £238.46 | £127.71 | £105.66 | £140.99 | £556.88 |
[F24Judge of High Court judge level] | £114.48 | £286.16 | £127.71 | £105.66 | £169.20 | £668.25 |
Textual Amendments
F21Words in Sch. 3 Pt. 1 Table 1(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(a)
F22Words in Sch. 3 Pt. 1 Table 1(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(b)
F23Words in Sch. 3 Pt. 1 Table 1(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(c)
F24Words in Sch. 3 Pt. 1 Table 1(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(d)
Table 1(b): Other Public Law Case – graduated fees
[F25 Person before whom proceedings are heard] | Hearing Unit 1 (up to 1 hour) | Hearing Unit 2 (up to 2.5 hours) | Conference fee | Opinion fee | Advocates' Meeting Fee | Final Hearing Fee (per day) |
---|---|---|---|---|---|---|
[F26Assistant to a justices’ clerk, justices’ clerk or lay justices] | £75.83 | £189.59 | £127.71 | £105.66 | £128.16 | £464.31 |
[F27Judge of district judge level, judge of circuit judge level or costs judge] | £83.39 | £208.53 | £127.71 | £105.66 | £140.99 | £510.75 |
[F28Judge of High Court judge level] | £100.08 | £250.20 | £127.71 | £105.66 | £169.20 | £612.90 |
Textual Amendments
F25Words in Sch. 3 Pt. 1 Table 1(b) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(a)
F26Words in Sch. 3 Pt. 1 Table 1(b) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(b)
F27Words in Sch. 3 Pt. 1 Table 1(b) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(c)
F28Words in Sch. 3 Pt. 1 Table 1(b) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(d)
Table 1(c): Public Law – bolt-on fees
Category | Payable For | Fee Payable |
---|---|---|
Client – Allegations of Harm | Hearings | 25% of Hearing Unit Fee |
Client – Lack of understanding etc | Hearings | 25% of Hearing Unit Fee |
Expert's cross examination | Hearings | 25% of Hearing Unit Fee |
Exceptional travel fee | Hearings, Advocates' Meetings and Conferences | £32.04 |
Table 1(d): Public Law – bolt-on fee – [F29advocate’s] bundle payments
Textual Amendments
F29Word in Sch. 3 Pt. 1 Table 1(d) heading substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(i) (with reg. 3)
F30Word in Sch. 3 Pt. 1 Table 1(d) substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(ii) (with reg. 3)
F31Word in Sch. 3 Pt. 1 Table 1(d) substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(iiii) (with reg. 3)
F32Word in Sch. 3 Pt. 1 Table 1(d) substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(iv) (with reg. 3)
PART 2E+WPrivate Law Advocacy Fees
Table 2(a): Private Law Children – Graduated Fees
[F33 Person before whom proceedings are heard] | Hearing Unit 1 (up to 1 hour) | Hearing Unit 2 (up to 2.5 hours) | Conference fee | Opinion fee | Final hearing fee (per day) |
---|---|---|---|---|---|
[F34Assistant to a justices’ clerk, justices’ clerk or lay justices] | £62.69 | £156.74 | £125.37 | £94.05 | £397.04 |
[F35Judge of district judge level, judge of circuit judge level or costs judge] | £68.94 | £172.40 | £125.37 | £94.05 | £436.73 |
[F36Judge of High Court judge level] | £82.76 | £206.87 | £125.37 | £94.05 | £524.07 |
Textual Amendments
F33Words in Sch. 3 Pt. 2 Table 2(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(a)
F34Words in Sch. 3 Pt. 2 Table 2(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(b)
F35Words in Sch. 3 Pt. 2 Table 2(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(c)
F36Words in Sch. 3 Pt. 2 Table 2(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(d)
Table 2(b): Domestic Abuse – Graduated Fees
[F37 Person before whom proceedings are heard] | Hearing Unit 1 (up to 1 hour) | Hearing Unit 2 (up to 2.5 hours) | Final hearing fee (per day) |
---|---|---|---|
[F38Assistant to a justices’ clerk, justices’ clerk or lay justices] | £81.50 | £203.76 | £361.17 |
[F39Judge of district judge level, judge of circuit judge level or costs judge] | £81.50 | £203.76 | £361.17 |
[F40Judge of High Court judge level] | £81.50 | £203.76 | £361.17 |
Textual Amendments
F37Words in Sch. 3 Pt. 2 Table 2(b) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(a)
F38Words in Sch. 3 Pt. 2 Table 2(b) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(b)
F39Words in Sch. 3 Pt. 2 Table 2(b) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(c)
F40Words in Sch. 3 Pt. 2 Table 2(b) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(d)
Table 2(c): Private Law Finance – Graduated Fees
[F41Person before whom proceedings are heard] | Hearing Unit 1(up to 1 hour) | Hearing Unit 2 (up to 2.5 hours) | Finan-cial Dis-pute Resolu-tion Hearing Unit 1 | Finan-cial Dis-pute Resolu-tion Hearing Unit 2 | Early resolu-tion fee | Confer-ence fee | OpinionFee | Finalhearingfee (per day) |
---|---|---|---|---|---|---|---|---|
[F42Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge] | £63.18 | £157.95 | £101.07 | £252.72 | £126.36 | £126.36 | £94.77 | £443.70 |
[F43Judge of High Court judge level] | £75.83 | £189.54 | £121.32 | £303.26 | £151.65 | £126.36 | £94.77 | £532.44 |
Textual Amendments
F41Words in Sch. 3 Pt. 2 Table 2(c) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(6)(a)
F42Words in Sch. 3 Pt. 2 Table 2(c) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(6)(b)
F43Words in Sch. 3 Pt. 2 Table 2(c) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(6)(c)
Table 2(d): Private Law – bolt-on fees
Bolt-on Fee | Payable For | Fee Payable |
---|---|---|
Client – Allegations of Harm | Private Law Children Hearings | 25% of Hearing Unit Fee |
Expert's cross examination | Private Law Children Hearings | 20% of Hearing Unit Fee |
Exceptional travel fee | Hearings and Conferences | £32.04 |
Table 2(e): Private Law Children and Finance – bolt on fees – [F44advocate’s] bundle payment
Textual Amendments
F44Word in Sch. 3 Pt. 2 Table 2(e) heading substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(i) (with reg. 3)
F45Word in Sch. 3 Pt. 2 Table 2(e) substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(ii) (with reg. 3)
F46Word in Sch. 3 Pt. 2 Table 2(e) substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(iiii) (with reg. 3)
F47Word in Sch. 3 Pt. 2 Table 2(e) substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(iv) (with reg. 3)
[F48Bolt on fees - advocate’s bundleE+W
2.—(1) The Lord Chancellor must pay a bolt-on fee at the rates set out in tables 1(d) (Public Law – bolt-on fee – advocate’s bundle payments) or 2(e) (Private Law Children and finance – bolt-on fees – advocate’s bundle payment) as applicable to an advocate providing advocacy services in family proceedings where—
(a)the advocate’s bundle for a hearing exceeds 350 pages; and
(b)the advocate submits a claim on a form specified by the Lord Chancellor.
(2) An advocate must provide any additional information or documents requested by the Lord Chancellor as evidence that paragraph 2(1)(a) is satisfied.
(3) For the purposes of this paragraph the advocate’s bundle—
(a)may only include—
(i)those documents relevant to the case which have been served by the parties to the proceedings to which the hearing relates; and
(ii)notes of contact visits if included in the court bundle; and
(b)must include a paginated index agreed by the parties to those proceedings.
(4) In this paragraph, “court bundle” means the bundle prepared for the hearing to which the claim relates in accordance with Practice Direction 27A - Family Proceedings: Court Bundles (universal practice to be applied in the High Court and Family Court) to the Family Procedure Rules 2010.]
Textual Amendments
F48Sch. 3 para. 2 inserted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(a) (with reg. 3)
Regulation 9(3) and (4)
SCHEDULE 4E+WInquests
InterpretationE+W
1.—(1) Unless different provision is made, words and expressions used in this Schedule have the same meaning as in the relevant contact.
(2) In this Schedule, “Senior Solicitor” means a solicitor with over eight years' qualified experience.
Table 1: Provider Hourly Rates
Item | Grade | Inside London (hourly rate) | Outside London (hourly rate) |
---|---|---|---|
Preparation | Senior Solicitor | £75.27 | £71.55 |
Other Solicitor | £63.80 | £60.75 | |
Trainee Solicitor | £45.90 | £40.17 | |
Conference with counsel | Senior Solicitor | £75.27 | £71.55 |
Other Solicitor | £63.80 | £60.75 | |
Trainee Solicitor | £45.90 | £40.17 | |
Attendance at hearing | Senior Solicitor | £57.05 | £57.05 |
Other Solicitor | £45.90 | £45.90 | |
Trainee Solicitor | £27.68 | £27.68 | |
Advocacy (by solicitor) | Senior Solicitor | £87.08 | £87.08 |
Other Solicitor | £75.60 | £75.60 | |
Travel and waiting | Senior Solicitor | £22.28 | £22.28 |
Other Solicitor | £22.28 | £22.28 | |
Trainee Solicitor | £11.25 | £11.25 |
Table 2: Barrister rates
Item | Category | Fixed rate |
---|---|---|
Brief fee | Junior Counsel | £900 |
Queen's Counsel | £1800 | |
Refresher fee | Junior Counsel | £450 |
Queen's Counsel | £630 |
Regulation 10
SCHEDULE 5E+WExperts' fees and rates
1. Subject to paragraph 2, where the expert service is of a type listed in the Table, the Lord Chancellor must pay remuneration to the provider for the expert service at the fixed fees or at rates not exceeding the rates set out in the Table.E+W
[F49Table
Expert | Non-London - hourly rate unless stated to be a fixed fee | London - hourly rate unless stated to be a fixed fee |
---|---|---|
A&E consultant | £100.80 | £108 |
Accident reconstruction | £72 | £54.40 |
Accountant | £64 | £64 |
Accountant (general staff) | £40 | £40 |
Accountant (manager) | £86.40 | £86.40 |
Accountant (partner) | £108 | £115.20 |
Anaesthetist | £108 | £108 |
Architect | £79.20 | £72 |
Cardiologist | £115.20 | £115.20 |
Cell telephone site analysis | £72 | £72 |
Child psychiatrist | £108 | £108 |
Child psychologist | £100.80 | £100.80 |
Computer expert | £72 | £72 |
Consultant engineer | £72 | £54.40 |
Dentist | £93.60 | £93.60 |
Dermatologist | £86.40 | £86.40 |
Disability consultant | £54.40 | £54.40 |
DNA (testing of sample) | £252 per test | £252 per test |
DNA (preparation of report) | £72 | £72 |
Doctor (GP) | £79.20 | £72 |
Employment consultant | £54.40 | £54.40 |
Enquiry agent | £25.60 | £18.40 |
ENT surgeon | £100.80 | £100.80 |
General surgeon | £108 | £72 |
Geneticist | £86.40 | £86.40 |
GP (records report) | £50.40 fixed fee | £72 fixed fee |
Gynaecologist | £108 | £72 |
Haematologist | £97.60 | £72 |
Handwriting expert | £72 | £72 |
Interpreter | £28 | £25 |
Lip reader/Signer | £57.60 | £32.80 |
Mediator | £100.80 | £100.80 |
Medical consultant | £108 | £72 |
Medical microbiologist | £108 | £108 |
Meteorologist | £100.80 | £144 fixed fee |
Midwife | £72 | £72 |
Neonatologist (non-clinical negligence cerebral palsy case) | £108 | £108 |
Neonatologist (clinical negligence cerebral palsy case) | £180 | £180 |
Neurologist (non-clinical negligence cerebral palsy case) | £122.40 | £72 |
Neurologist (clinical negligence cerebral palsy case) | £200 | £200 |
Neuropsychiatrist | £126.40 | £72 |
Neuroradiologist (non-clinical negligence cerebral palsy case) | £136.80 | £136.80 |
Neuroradiologist (clinical negligence cerebral palsy case) | £180 | £180 |
Neurosurgeon | £136.80 | £72 |
Nursing expert | £64.80 | £64.80 |
Obstetrician | £108 | £108 |
Occupational therapist | £54.40 | £54.40 |
Oncologist | £112 | £112 |
Orthopaedic surgeon | £115.20 | £115.20 |
Paediatrician | £108 | £72 |
Pathologist | £122.40 | £432 fixed fee |
Pharmacologist | £97.60 | £97.60 |
Photographer | £25.60 | £18.40 |
Physiotherapist | £64.80 | £64.80 |
Plastic surgeon | £108 | £108 |
Process server | £25.60 | £18.40 |
Psychiatrist | £108 | £108 |
Psychologist | £93.60 | £93.60 |
Radiologist | £108 | £108 |
Rheumatologist | £108 | £108 |
Risk assessment expert | £50.40 | £50.40 |
Speech therapist | £79.20 | £79.20 |
Surveyor (housing disrepair) | £85 | £115 |
Surveyor (non-housing disrepair) | £40 | £40 |
Telecoms expert | £72 | £72 |
Toxicologist | £108 | £108 |
Urologist | £108 | £108 |
Vet | £72 | £72 |
Voice recognition | £93.60 | £72] |
Textual Amendments
Exceptional circumstancesE+W
2.—(1) The Lord Chancellor may increase the fixed fees or rates set out in the Table after paragraph 1 if the Lord Chancellor considers it reasonable to do so due to exceptional circumstances.
(2) In sub-paragraph (1), “exceptional circumstances” mean that the expert's evidence is key to the client's case and either—
(a)the complexity of the material is such that an expert with a high level of seniority is required; or
(b)the material is of such a specialised and unusual nature that only very few experts are available to provide the necessary evidence.
Payment of expert services of a type not listed in the Table after Part 1E+W
3. Where the expert service is of a type not listed in the Table after paragraph 1, in considering the rate at which to fund the expert service the Lord Chancellor—
(a)must have regard to the rates set out in the Table after paragraph 1; and
(b)may require a number of quotes for provision of the service to be submitted to the Lord Chancellor.
General provisions relating to expertsE+W
4.—(1) The costs and expenses relating to experts listed at sub-paragraph (2) are not payable by the Lord Chancellor.
(2) The costs and expenses are—
(a)any administration fee charged by an expert, including (but not limited to)—
(i)a fee in respect of office space or provision of a consultation room;
(ii)a fee in respect of administrative support services, such as typing services;
(iii)a fee in respect of courier services;
(iv)a subsistence fee; and
(b)any cancellation fee charged by an expert, where the notice of cancellation was given to the expert more than 72 hours before the relevant hearing or appointment.
5. The maximum amount that the Lord Chancellor may pay as a disbursement in respect of an expert's vehicle mileage is £0.45 per mile.E+W
6. The maximum amount that the Lord Chancellor may pay as a disbursement in respect of an expert's travel time is £40 per hour.E+W