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Article 9

SCHEDULE 3N.I.REPRESENTATION (LOWER COURTS)

PART 1N.I.General

1.  This Schedule applies to the determination of the remuneration payable to representatives for providing representation (lower courts).N.I.

2.  Where the remuneration or fees properly chargeable for the representation including charges for disbursements exceed any contribution payable by the client to the solicitor under Part 3 of the Financial Regulations together with the value of any charge arising under Article 17(7) of the 2003 Order, [F1the representative shall submit a claim] to the Department requesting payment of the deficiency.N.I.

Textual Amendments

3.—(1) The Department shall determine the claim submitted under Article 8 in accordance with the rates or fees set out in the relevant Table in Part 2 or 3 of this Schedule, as applicable, and pay the assessed deficiency, if any, to the [F2representative] .N.I.

(2) In this paragraph “assessed deficiency” means the amount by which the sum allowed to the representatives by the Department in assessing the claim under sub-paragraph (1) exceeds any contribution payable by the client to the solicitor under Part 3 of the Financial Regulations together with the value of any charge arising under Article 17(7) of the 2003 Order.

Textual Amendments

[F34.  In this Schedule, any reference to “Letters” or “letters” shall be taken to include reference to emails.N.I.

Textual Amendments

5.  In respect of claims for costs made under Table 2 of Part 2 of this Schedule, a solicitor may claim for mileage only at the rate of 35.7p per mile. No claim shall be entertained for travel and waiting time.N.I.

Textual Amendments

6.  In respect of claims for costs made under Table 5 of Part 2 of this Schedule, no claim shall be entertained for waiting time.N.I.

Textual Amendments

7.  In respect of claims for costs made under Table 7 of Part 2 of this Schedule, travel time may be claimed by solicitors at the rate of £24.25 per hour and no claim shall be entertained for waiting time.N.I.

Textual Amendments

8.  In respect of claims for costs made under Tables 1, 2, 3, 5, 8 and 10 in Part 3 of this Schedule, travel time may be claimed by solicitors at the rate of £24.25 per hour.N.I.

Textual Amendments

9.  In respect of claims for costs made under Tables 3 and 5 only in Part 3 of this Schedule, waiting time may be claimed by solicitors at the rate of £24.25 per hour. No other claims for waiting time by solicitors shall be entertained for proceedings in Part 3 of this Schedule.N.I.

Textual Amendments

10.  In respect of claims for costs made under Table 7 in Part 3 of this Schedule, a solicitor may claim for mileage only at the rate of 35.7p per mile. No claim shall be entertained for travel and waiting time.N.I.

Textual Amendments

11.  Unless otherwise prescribed by this Schedule, travel and waiting time, where payable may be claimed by solicitors at the rate of £29.25 per hour and mileage, where payable may be claimed at the rate of 35.7p per mile for proceedings falling within this Schedule.N.I.

Textual Amendments

12.  Unless otherwise prescribed by this Schedule, travel time, where payable may be claimed by authorised counsel at the rate of £12 per hour and mileage, where payable may be claimed at the rate of 35.7p per mile for proceedings falling within this Schedule.N.I.

Textual Amendments

13.  For the proceedings listed in Part 2 of this Schedule, any claim by a solicitor for travelling and mileage to attend Court shall be from the solicitor’s office to which the certificate relates. Any claim by Counsel for travelling and mileage to attend Court shall be from the Bar Library, 91 Chichester Street Belfast BT1 3JQ.N.I.

Textual Amendments

14.  For the proceedings listed in Part 3 of this Schedule, any claim by a solicitor for travelling and mileage to attend Court, Tribunal or hearing venue as applicable shall be from the solicitor’s office to which the certificate relates. Any claim by Counsel for travelling and mileage to attend Court, Tribunal or hearing venue shall be from the Bar Library, 91 Chichester Street Belfast BT1 3JQ.]N.I.

Textual Amendments

PART 2N.I.Family and Children Order Proceedings

Children (Northern Ireland) Order 1995 M1 [F4or Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989] N.I.

Solicitor's remuneration can be claimed on the basis of either Hourly Rates (Table 1) or Composite Fees (Table 2), at the election of the solicitor

Table 1:
Solicitor – Hourly Rates
Work TypeRate
[F5Consultation (other than with Counsel) and Preparation]£58 per hour
Letters Written£3.65 per item
Letters Received£1.85 per item
Telephone Calls£3.65 per call
Non Standard Telephone Call (over 5 minutes)£58 per hour
Advocacy – Solicitor Alone£64 per hour
Consultation with Counsel£32.50 per hour
Advocacy – Solicitor attending Counsel£32.50 per hour
Table 2:
Solicitor – Composite Fees
Work TypeComposite Fee
Private Law£250
Public Law£400
Table 3:
Counsel – Composite Fees
Work TypeComposite Fee
On an unopposed application or a procedural issue

Standard £76.25

Maximum £127

On the trial of a cause or matter, or the hearing of an application:
-Where the hearing lasts for up to half a day

Standard £140

Maximum £268

- Full Day

Standard £317.75

Maximum £508.50

-Refresher£140 for each additional day
[F6Consultation and Preparation]£35.50 per hour
Complex items of work (opinion, affidavits)£82.75 per item
All other written work£50.25 per item

Textual Amendments

Marginal Citations

The Family Homes and Domestic Violence (Northern Ireland) Order 1998 M2N.I.

Solicitor's remuneration can be claimed on the basis of either Hourly Rates (Table 4) or Composite Fees (Table 5), at the election of the solicitor

Table 4:
Solicitor – Hourly Rates
Work TypeRate
[F7Consultation (other than with Counsel) and Preparation]£58 per hour
Letters Written£3.65 per item
Letters Received£1.85 per item
Telephone Calls£3.65 per call
Non Standard Telephone Call (over 5 minutes)£58 per hour
Advocacy – Solicitor Alone£64 per hour
Consultation with Counsel£32.50 per hour
Advocacy – Solicitor attending Counsel£32.50 per hour
Table 5:
Solicitor – Composite Fees
Work TypeComposite Fee
Non-Molestation Order£352
Occupation Order£352
Non-Molestation/Occupation application withdrawn with undertakings£352
Non-Molestation and Occupation Order£416
Second Hearing – Contested£192
Second Hearing – Uncontested£96
Variation/Discharges – Contested£352
Variation/Discharges – Uncontested£192
Adjournments£30
Nominal Adjournment Fee – no court attendance£15
Withdrawn£30
Summons not served£30
Letters Written£3.65 per item
Letters Received£1.85 per item
Telephone Calls£3.65 per call
Non-routine telephone calls in excess of 5 minutes£58 per hour
Table 6:
Counsel – Composite Fees
Work TypeComposite Fee
On an unopposed application or a procedural issue

Standard £76.25

Maximum £127

On the trial of a cause or matter, or the hearing of an application:
- Where the hearing lasts for up to half a day

Standard £140

Maximum £268

- Full Day

Standard £317.75

Maximum £508.50

- Refresher£140 for each additional day
[F8Consultation and Preparation]£35.50 per hour
Complex items of work (opinion, affidavits)£82.75 per item
All other written work£50.25 per item

Textual Amendments

Marginal Citations

Domestic Proceedings (Northern Ireland) Order 1980

M3Table 7:
Solicitor – Composite Fees
Work TypeComposite Fee
Separation and Maintenance£140
Variation of Maintenance£83.50
Case withdrawn at any stage before hearing and up to strikeout£66
Part Hearings£29
Adjourned Hearings:
- less than 20 minutes£15.50
- in excess of 20 minutes£29
Nominal Adjournment Fee – no court attendance£12
Dismissed Cases£124.50
Letters and telephone calls (not included in the basic fee)£3.35 per item
Discontinued cases (no proceedings issued)
- advice less than one hour£45
- advice of one hour£50
- advice in excess of one hour£55
Table 8:
Counsel – Composite Fees
Work TypeComposite Fee
On an unopposed application or a procedural issue

Standard £76.25

Maximum £127

On the trial of a cause or matter, or the hearing of an application:
- Where the hearing lasts for up to half a day

Standard £140

Maximum £268

- Full Day

Standard £317.75

Maximum £508.50

- Refresher£140 for each additional day
[F9Consultation and Preparation]£35.50 per hour
Complex items of work (opinions, affidavits)£82.50 per hour
All other written work£50.25 per item

Textual Amendments

Marginal Citations

PART 3N.I.Other Proceedings

Police and Criminal Evidence (Northern Ireland) Order 1989M4 and Terrorism Act 2000

M5Table 1:
Solicitor – Composite Fees
Work TypeComposite Fee
All Proceedings£352

Marginal Citations

Proceedings before the Mental Health Review Tribunal

Table 2:
Solicitor – Composite Fees
Work TypeComposite Fee
Preparation and Negotiation£330
Representation at Tribunal£370 (per half day, or part thereof)
Adjourned Hearing£76.25

Hearings held under Article 10 or 11 of the Life Sentences (Northern Ireland) Order 2001

M6Table 3:
Solicitor – Hourly Rate

1 If additional hours are authorised by the Department, they are payable at the same rate.

Work TypeSolicitor
Hourly fees for all work£100 per hour up to a maximum fee of £8001
Table 4:
Counsel – Composite Fees
Work TypeJunior CounselSenior Counsel
Composite fee£2,666£4,000

Marginal Citations

Other hearings before the Parole Commissioners

Table 5:
Solicitor – Hourly Rate

1 If additional hours are authorised by the Department, they are payable at the same rate.

Work TypeSolicitor
Hourly fees for all work£100 per hour up to a maximum fee of £8001
Table 6:
Counsel – Composite Fees
Work TypeJunior CounselSenior Counsel
Composite Fee£3,000£4,500

Oral hearing before the Parole Commissioners under the Criminal Justice (Northern Ireland) Order 2008

M7Table 7:
Solicitor – Composite Fee
Work Type – Stage 2Composite Fee
All case types£250

Marginal Citations

Proceedings under sections 295, 297, 298, 301 or 302 of the Proceeds of Crime Act 2002

Table 8:
Solicitor – Composite Fees

1 The Composite Fee will remunerate a solicitor for all work associated with the particular case, excluding disbursements and VAT. The fee is taken to include up to the first 7 letters and telephone calls under 5 minutes. Any further letters or telephone calls can be claimed in addition to the composite fee provided they are itemised.

Work TypeComposite Fee
Composite Fee£3521
Second Hearing£192
Adjournment£30
Nominal Adjournment Fee – no court attendance£15.50
Withdrawn£30
Letters and telephone calls£3.65 per item / call
[F10Non routine telephone calls (over 5 minutes)]£58 per hour
Table 9:
Counsel – Composite Fees
Work TypeComposite Fee
On the trial of a cause or matter, or the hearing of an application
– Where the hearing lasts for up to half a day

Standard £140

Maximum £268

– Full Day

Standard £317.75

Maximum £508.50

Part Hearing (standard)£76.25
Part Hearing (maximum)£127
Refresher£140 for each additional day
[F11Consultation and Preparation]£35.50 per hour
Complex items of work (opinions, affidavit)£82.75 per item
All other written work£50.25 per item

Textual Amendments

Proceedings regarding an order under sections 89, 90, 97, 100, 104, 108, 109, 114, 118, 123, 125 or 126 of the Sexual Offences Act 2003M8 and Proceedings under Articles 3 and 4 of the Anti-social Behaviour (Northern Ireland) Order 2004[F12Proceedings before the Care Tribunal under Article 11, 12, 42 or 43 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 or regulation 10 of the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007 Proceedings under Part 13A of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995][F13Proceedings under paragraph 2, 6 or 7 of Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 Proceedings under section 57, 60 or 61 of the Justice Act (Northern Ireland) 2015]

M9Table 10:
Interim Fees
Proceedings TypeSolicitorJunior Counsel
All proceedings£180£180

Textual Amendments

Marginal Citations