The Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) Regulations 2022

Cancelled hearingsE+W

This section has no associated Explanatory Memorandum

5.—(1) A fee in respect of a cancelled hearing may be claimed where—

(a)a preliminary hearing or a cross-examination hearing is listed;

(b)the qualified legal representative subsequently undertakes at least 30 minutes of preparatory work; and

(c)the hearing is cancelled.

(2) A cancelled hearing fee in respect of a preliminary hearing is—

(a)in family proceedings, a Hearing Unit 1 fee as described in Table 1 in the Schedule; or

(b)in civil proceedings, a Hearing Unit 1 fee as described in Table 3 in the Schedule.

(3) A cancelled hearing fee in respect of a cross-examination hearing is—

(a)in family proceedings, half of a single day fee as described in Table 2 in the Schedule; or

(b)in civil proceedings, half of a single day fee as described in Table 4 in the Schedule.

[F1(4) Costs in respect of a cancelled hearing may be claimed where—

(a)a preliminary hearing or a cross-examination hearing is listed;

(b)the qualified legal representative has incurred costs in anticipation of attending the hearing;

(c)the hearing is cancelled; and

(d)the qualified legal representative has complied with paragraph (5) but is unable to recover all of the costs incurred.

(5) The qualified legal representative must attempt to recover the costs incurred within 24 hours of being notified of the hearing cancellation.]

Textual Amendments

Commencement Information

I1Reg. 5 in force at 21.7.2022, see reg. 1(2)