Statutory Instruments
LEGAL AID AND ADVICE, ENGLAND AND WALES
Made
9th March 1992
Laid before Parliament
11th March 1992
Coming into force
1st April 1992
The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988(1), having had regard to the matters specified in section 34(9) and consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:
1. These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2. For the Schedules to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991(2) there shall be substituted, in respect of work done onor after 1st April 1992, the following new Schedules—
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| High Court | County Court or Magistrates' Court | |
| ITEM | ||
1. Writing routine letters | £4.15 per item | £3.60 per item |
2. Receiving routine letters | £2.05 per item | £1.80 per item |
3. Routine telephone calls | £4.15 per item | £3.60 per item |
4. All other preparation work including any work which was reasonablydone arising out of or incidental to the proceedings, interviews withclient, witnesses, and other parties; obtaining evidence; preparationand consideration of, and dealing with, documents, negotiations andnotices; dealing with letters written and received and telephone callswhich are not routine | £64.50 per hour (£68.75 per hour | £57.25 per hour £60.25 per hour |
| for a fee-earner whose office is situated within legal aid area 1) | ||
5. Travelling and waiting time in connection with the above matters | £31.50 per hour | £28.75 per hour |
6. Attending counsel in conference | £36.50 per hour | £32.00 per hour |
7. Travelling and waiting | £31.50 per hour | £28.75 per hour |
8. Attending with counsel at the trial or hearing of any cause or thehearing of any summons or other application at court, or otherappointment | £36.50 per hour | £32.00 per hour |
9. Attending without counsel at the trial or hearing of any cause orthe hearing of any summons or other application at court, or otherappointment | £63.00 per hour | £63.00 per hour |
10. Travelling and waiting | £31.50 per hour | £28.75 per hour |
11. With a brief on an unopposed application for an injunction, orprocedural issue | Standard £87.00 | £75.00 |
| Maximum £144.00 | £125.00 | |
12. With a brief on the trial of a cause or matter or on the hearing ofan application where the hearing lasts for | ||
(a)one hour | Standard £131.50 | £112.50 |
| Maximum £264.00 | £225.00 | |
(b)a half day | Standard £182.00 | £157.00 |
| Maximum £300.00 | £264.00 | |
(c)a full day | Standard £363.00 | £313.00 |
| Maximum £576.00 | £501.00 | |
(d)more than a full day | Discretionary | Discretionary |
13. For each day or part of a day on which the trial of a cause ormatter, or the hearing of an ancillary application, or a childrenappointment, is continued after the first day | Discretionary | Discretionary |
14. Conference (including time reasonably spent in preparation andconference, but not otherwise remunerated) | Standard £20.00 per P hour | Standard £17.50 per P hour |
15.—(a) Complex items of written work (such as advices on evidence, opinionsand affidavits of a substantial nature, requests for particulars oranswers) | Standard £94.75 per item | Standard £81.50 per item |
(b)All other written work | Standard £56.25 per item | Standard £49.50 per item |
16. Except where the court is within 40kilometres of Charing Cross orwhere there is no local Bar in the court town, or within 40kilometresthereof, for travelling time | Standard £18.25 per hour036 expenses | Standard £15.65 per hour036 expenses |
17. Preparing the bill (where allowable) and completing the taxation(excluding preparing for and attending the taxation) | £31.50 — £88.00 | £31.50 — £50.25 |
18. Preparing for and attending the taxation (including travelling andwaiting) | Discretionary | Discretionary |
19. Review by district judge or judge (including preparation) | Discretionary | Discretionary |
| Column 1 | Column 2 High Court | Column 3 County Court |
|---|---|---|
| High Court | County Court | |
| ITEM | ||
1. Writing routine letters | £4.15 per item | £3.60 per item |
2. Receiving routine letters | £2.05 per item | £1.80 per item |
3. Routine telephone calls | £4.15 per item | £3.60 per item |
4. All other preparation work including any work which was reasonablydone arising out of or incidental to the proceedings, interviews withclient, witnesses, and other parties; obtaining evidence; preparationand consideration of, and dealing with, documents, negotiations andnotices; dealing with letters written and received and telephone callswhich are not routine | Where the proceedings were conducted in the divorceregistry or in another court on the South-Eastern Circuit at the timewhen the relevant work was done: | |
| £46.00 per hour | £40.25 per hour | |
| All other circuits: | ||
| £43.00 per hour | £38.20 per hour | |
5. In addition to items 1—4 above, to cover the general careand conduct of the proceedings | +50% | +50% |
6. Travelling and waiting time in connection with the above matters | £31.50 per hour | £28.75 per hour |
7. Attending counsel in conference | £36.50 per hour | £32.00 per hour |
8. Travelling and waiting | £31.50 per hour | £28.75 per hour |
9. Attending with counsel at the trial or hearing of any cause or thehearing of any summons or other application at court, or otherappointment | £36.50 per hour | £32.00 per hour |
10. Attending without counsel at the trial or hearing of any cause orthe hearing of any summons or other application at court, or otherappointment | £55.00 per hour | £52.00 per hour |
11. Travelling and waiting | £31.50 per hour | £28.75 per hour |
12. With a brief on an unopposed application for an injunction, orprocedural issue | Standard £87.00 | £75.00 |
| Maximum £144.00 | £125.00 | |
13. With a brief on the trial of a cause or matter or on the hearing ofan ancillary application or on a children appointment where the hearinglasts for | ||
(a)one hour | Standard £131.50 | £112.50 |
| Maximum £264.00 | £225.00 | |
(b)a half day | Standard £182.00 | £157.00 |
| Maximum £300.00 | £264.00 | |
(c)a full day | Standard £363.00 | £313.00 |
| Maximum £576.00 | £501.00 | |
(d)more than a full day | Discretionary | Discretionary |
14. For each day or part of a day on which the trial of a cause ormatter, or the hearing of an ancillary application, or a childrenappointment, is continued after the first day | Discretionary | Discretionary |
15. Conference (including time reasonably spent in preparation andconference, but not otherwise remunerated) | Standard £20.00 per P hour | Standard £17.50 per P hour |
16.—(a) Complex items of written work (such as advices on evidence, opinionsand affidavits of a substantial nature, requests for particulars oranswers) | Standard £94.75 per item | Standard £81.50 per item |
(b)All other written work | Standard £56.25 per item | Standard £49.50 per item |
17. Except where the court is within 40kilometres of Charing Cross orwhere there is no local Bar in the court town, or within 40kilometresthereof, for travelling time | Standard £18.25 per hour036 expenses | Standard £15.65 per hour036 expenses |
18. Preparing the bill (where allowable) and completing the taxation(excluding preparing for and attending the taxation) | £31.50 — £88.00 | £31.50 — £50.25 |
19. Preparing for and attending the taxation (including travelling andwaiting) | Discretionary | Discretionary |
20. Review by district judge or judge (including preparation) | Discretionary | Discretionary |
| Class of work | Rate |
|---|---|
| Preparation | £43.25 per hour—(£46.00 per hour for a fee-earner whoseoffice is situated within legal aid area 1) |
| Advocacy | £54.50 per hour |
| Attendance at court where counsel assigned | £29.50 per hour |
| Travelling and waiting | £24.25 per hour |
| Routine letters written and routine telephone | £3.35 per item—(£3.50 per item for a fee-earner whoseoffice is situated within legal aid area 1) |
Mackay of Clashfern, C.
Dated 6th March 1992
We consent,
Gregory Knight
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 9th March 1992
(This note is not part of the Regulations)
These Regulations increase the rates of remuneration for work done under a legal aid certificate in family proceedings to which prescribed rates apply by an overall 3%
1988 c. 34; section 43 is an interpretation provision and is cited because of the meaning assigned to the word “regulations”; section 34 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 63.
S.I. 1991/2038 as amended by S.I. 1991/2112.