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

Regulation 2, 3 and 5

SCHEDULE E+W Fees

PART 1 E+W Fees payable in family proceedings

Fixed fees E+W

1.  Tables 1 and 2 set out the fixed fees payable in relation to the category of case specified in the first column of the table, by reference to the level of judge conducting the hearing as specified in the remaining columns of the table.

Table 1

Preliminary hearing fees in family proceedings

Paid for all preliminary hearings

	Level of judge
[F1 Case type	Justices’ legal adviser or lay justice		Judge of circuit or district judge level	Judge of High Court judge level
(1) Hearing Unit 1
(2) Hearing Unit 2]
Private law (children)
HU1(1) (1) (under one hour)	£68.96	£75.83			£91.04
HU2(2) (2) (1 to 2.5 hours)	£172.41	£189.64			£227.56
Private law (domestic abuse)
HU1 (under one hour)	£89.65	£89.65			£89.65
HU2 (1 to 2.5 hours)	£224.14	£224.14			£224.14
Private law (finance and other)
HU1 (under one hour)	£69.50	£69.50			£83.41
HU2 (1 to 2.5 hours)	£173.75	£173.75			£208.49
Public law (section 31 care proceedings)
HU1 (under one hour)	£95.39	£104.94			£125.93
HU2 (1 to 2.5 hours)	£238.49	£262.31			£314.78
Public law (other
HU1 (under one hour)	£83.41	£91.73			£110.09
HU2 (1 to 2.5 hours)	£208.55	£229.38			£275.22

Table 2

Fees for attendance at cross-examination hearing in family proceedings

Paid per day at the cross-examination hearing

Textual Amendments

F1 Sch. Table 1 substituted (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(5) (with reg. 3)

Commencement Information

I1 Sch. Pt. 1 in force at 21.7.2022, see reg. 1(2)

	[F2 Day 1			Further days
	Level of judge			Level of judge
Case type	Justices’ legal adviser or lay justice	Judge of circuit or district judge level	Judge of High Court judge level	Justices’ legal adviser or lay justice	Judge of circuit or district judge level	Judge of High Court judge level
Private law (children)	£545.93	£600.50	£720.60	£436.74	£480.40	£576.48
hPrivate law (domestic abuse)	£496.61	£496.61	£496.61	£397.29	£397.29	£397.29
Private law (finance and other)	£610.09	£610.09	£732.11	£488.07	£488.07	£585.68
Public law (section 31 care proceedings)	£696.09	£765.71	£918.84	£556.88	£612.57	£735.08
Public law (other)	£638.43	£702.28	£842.74	£510.74	£561.83	£674.19]

Textual Amendments

F2 Sch. Table 2 substituted (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(6) (with reg. 3)

PART 2 E+W Fees payable in civil proceedings

Fixed fees E+W

2.  Tables 3 and 4 set out the fixed fees payable in relation to the category of case specified in the first column of the table, by reference to the level of judge conducting the hearing as specified in the remaining columns of the table.

Table 3

Preliminary hearing fees in civil proceedings

Paid for all preliminary hearings

	[F3 Level of judge
Case type	Justices’ legal adviser or lay justice	Judge of circuit or district judge level	Judge of High Court judge level
Civil proceedings
HU1 (under one hour)	N/A	£69.50	£83.41
HU2 (1 to 2.5 hours)	N/A	£173.75	£208.49]

Table 4

Fees for attendance at cross-examination hearing in civil proceedings

Paid per day at the cross-examination hearing

	[F4 Day 1			Further days
	Level of judge			Level of judge
Case type	Justices’ legal adviser or lay justice	Judge of circuit or district judge level	Judge of High Court judge level	Justices’ legal adviser or lay justice	Judge of circuit or district judge level	Judge of High Court judge level
Civil proceedings	N/A	£610.09	£732.11	N/A	£488.07	£585.68]

Textual Amendments

F3 Sch. Table 3 substituted (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(7) (with reg. 3)

F4 Sch. Table 4 substituted (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(8) (with reg. 3)

Commencement Information

I2 Sch. Pt. 2 in force at 21.7.2022, see reg. 1(2)

PART 3 E+W Bolt-on fee payable in family and civil proceedings

Commencement Information

I3 Sch. Pt. 3 in force at 21.7.2022, see reg. 1(2)

Table 5

Advocates’ bundle bolt-on

Additional fee to be paid once per cross-examination hearing

[F5 Number of bundle pages
351-700	701-1,400	over 1,400
£175.23	£263.34	£350.46]

Textual Amendments

F5 Sch. Table 5 substituted (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(9) (with reg. 3)

[F6 PART 4 E+W Costs payable in civil and family proceedings

Textual Amendments

F6 Sch. Pt. 4 inserted (2.1.2024) by The Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) (Amendment) Regulations 2023 (S.I. 2023/1319), regs. 1(2), 2(10)

General provision and applicable maximum rates E+W

3.   Costs are only payable where the qualified legal representative can provide evidence of the amounts incurred.

4.   Subject to paragraphs 5 to 11, the maximum amounts that the Lord Chancellor may pay in respect of each category of cost are specified in Table 6.

5.   Travelling expenses are only payable where a qualified legal representative travelled to a court at least 10 miles from their office or chambers.

6.   Overnight accommodation and overnight subsistence allowance are only payable where a qualified legal representative travelled to a court:

(a) at least 100 miles from their office or chambers to attend a preliminary or cross-examination hearing which was listed for one day; or

(b) at least 50 miles from their office or chambers to attend a preliminary or cross-examination hearing which was listed for more than one day.

7.   In the event a hearing concludes sooner than anticipated, overnight accommodation costs incurred in reliance on the original listing may be payable where the qualified legal representative is unable to recover the cost of the unused portion of a booking.

8.   The Lord Chancellor will only pay overnight subsistence allowance where the costs were incurred in connection with overnight accommodation.

9.   The Lord Chancellor will not pay costs in respect of travel by air.

10.   Subject to paragraph 11, the Lord Chancellor will not pay costs in respect of first-class travel.

11.   The cost of first-class travel may be paid where the ticket purchased was cheaper than the equivalent standard-class ticket.

Table 6

Applicable maximum rates

Category of costs claimed	Maximum rate payable, where evidenced
(1) Excluding the purchase of alcohol.
(2) Excluding the purchase of food or drink.]
(a) Vehicle mileage	£0.45 per mile
(b) Public transport	£180 per journey
(c) Overnight accommodation	£100 per night
(d) Overnight subsistence allowance(1) (1)	£21 per night
(e) Other out of pocket expenses(2) (2)	£40 per day