3.—(1) The Civil Legal Aid (Remuneration) Regulations 2013(1) are amended as follows.
(2) In regulation 7—
(a)at the beginning of paragraphs (4) and (4A), in both places it appears, for “Where”, substitute “Subject to paragraph (4B), where”;
(b)after paragraph (4A) insert—
“(4B) In a case where a barrister in independent practice, who is not a King’s Counsel provides services described in paragraph 31C of Part 1 of Schedule 1 to the Act, not listed in Table 3 or 4 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 in Table 3, and the provisions relating to enhancement under paragraphs (3) to (3B).”.
(3) In Schedule 1, Part 3, at the end of the heading in Table 10(a) insert “(except as in Table 10(d))” and in the heading in Table 10(b) for “(except as in Table 10(a))” substitute “(except as in Table 10(a) or 10(d))”.
(4) In Schedule 1, Part 3, after Table 10(c) (First-tier Tribunal) insert—
| Activity | Higher Courts |
|---|---|
| Routine letters out | £7.76 per item |
| Routine telephone calls | £4.30 per item |
| Preparation and attendance (London rate) | £82.28 per hour |
| Preparation and attendance (non-London rate) | £77.63 per hour |
| Attendance at court or conference with Counsel | £38.30 per hour |
| Advocacy | £77.63 per hour |
| Travelling and waiting time | £34.42 per hour”. |
(5) In Schedule 2, after Table 2, insert—
| Category | Hourly rate |
|---|---|
| Preparation and attendance | £82.28 (London rate) |
| £77.63 (Non-London rate) | |
| Attendance at court or conference | £38.30 |
| Advocacy | £77.63 |
| Travel and waiting | £34.42 |
| Category | Hourly Rate |
| Led junior counsel in the Court of Appeal or Supreme Court | £129.38 |
| Leading senior counsel in the Court of Appeal | £181.13 |
| King’s Counsel (where approved for briefing or instruction by the Lord Chancellor) in the Upper Tribunal or Court of Appeal | £207.00 |
| Leading senior counsel in the Supreme Court | £207.00 |
| King’s Counsel (where approved for briefing or instruction by the Lord Chancellor) in the Supreme Court | £258.75 |
| Noter/Pupil/2nd led junior counsel in the Court of Appeal or Supreme Court | £41.40”. |
S.I. 2013/422 as amended by S.I. 2013/2877, S.I. 2014/7, S.I. 2014/586, S.I. 2014/1824, S.I. 2015/325, S.I. 2015/898, S.I. 2015/1678, S.I. 2016/983, S.I. 2018/803, S.I. 2020/1001 and S.I. 2022/1379.