The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1993

Standard fees in magistrates' courts

10.  After regulation 7 the following regulation shall be inserted:—

Costs in proceedings involving counsel not assigned under the legal aid order

7A.— (1) Where counsel has not been assigned under the legal aid order but has been instructed by the solicitor in proceedings in a magistrates' court, the appropriate authority shall, subject to paragraph (4), pay counsel the fees agreed between him and the solicitor.

(2) The solicitor shall claim his costs (including the time spent by counsel in preparation, advocacy and waiting) at the rates applicable to solicitors' fees in magistrates' courts proceedings in accordance with the provisions of Schedule 1 Part I.

(3) Where costs are determined in circumstances to which this regulation applies, the appropriate authority shall determine the costs which would have been payable to the solicitor had he undertaken the case without counsel, but as regards the costs payable in respect of travelling shall allow only such costs as have actually been incurred by the solicitor.

(4) The costs payable in respect of counsel’s agreed fee shall be reduced only where, and to the extent that, they would exceed—

(a) the costs determined in accordance with paragraph (3);

or

(b) where a standard fee is payable, the total of the relevant standard fee plus the other costs referred to in paragraph 6(a) of Schedule 1 Part III.

(5) The costs payable by the appropriate authority shall be applied as follows:

(a) payment in respect of counsel shall be paid to counsel direct;

(b) the balance of the costs payable shall be paid to the solicitor.”.