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

[F1 Terminated appointments E+W

5A.— (1) A fee in respect of a terminated appointment 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 court terminates the appointment before the hearing.

(2) A terminated appointment 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 terminated appointment 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.

(4) Costs in respect of a terminated appointment 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 court terminates the appointment of the qualified legal representative before the hearing; 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 termination of the appointment.]

Textual Amendments

F1 Reg. 5A inserted (31.5.2024) by The Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) (Amendment) Regulations 2024 (S.I. 2024/624), regs. 1(2), 2(3) (with reg. 3)