Statutory Instruments
Legal Services Commission, England And Wales
Made
2nd April 2008
Laid before Parliament
2nd April 2008
Coming into force
24th April 2008
The Lord Chancellor makes this Order in exercise of the powers conferred by section 14(3) of the Access to Justice Act 1999(1).
He has had regard to the matters specified in section 25(3) of that Act and has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act.
1.—(1) This Order may be cited as the Criminal Defence Service (Funding) (Amendment) Order 2008 and comes into force on 24th April 2008.
(2) In this Order “the 2007 Order” means the Criminal Defence Service (Funding) Order 2007(2).
2. In article 3(6A) of the 2007 Order, after “Cases” insert “, except as provided in paragraph 25 of Schedule 2”.
3. After paragraph 24 of Schedule 2 to the 2007 Order insert—
25.—(1) This paragraph applies where, in a Very High Cost Case, a litigator instructs an advocate who is not a member of a Very High Cost Case (Crime) Panel, in accordance with the contract.
(2) The litigator may claim payment from the Commission in respect of work undertaken by the advocate and authorised in accordance with the contract.
(3) Where such a claim is made, the Commission must pay the litigator at rates no higher than the rates set out in the tables following this paragraph.
(4) In this paragraph “the contract” means the Very High Cost Case contract for panel members, made between the Commission and panel members and dated 2nd April 2008(3).
(5) In the tables following this paragraph—
(a)a reference in the first table to a category is a reference to that category as defined in the contract;
(b)a reference in the first table to a level A or B solicitor-advocate is a reference to a level A or B solicitor-advocate as defined in the contract;
(c)a reference in the second table to a junior includes a solicitor-advocate.
| Preparation (hourly rates) | Category 1 £ | Category 2 £ | Category 3 £ | Category 4 £ |
|---|---|---|---|---|
| Counsel | ||||
| QC | 145 | 113 | 91 | 91 |
| Leading junior | 127 | 100 | 79 | 79 |
| Led junior | 91 | 73 | 61 | 61 |
| Junior alone | 100 | 82 | 70 | 70 |
| 2nd led junior | 63 | 50 | 43 | 43 |
| Solicitor-advocate | ||||
| Leading level A | 145 | 113 | 91 | 91 |
| Led level A | 127 | 100 | 79 | 79 |
| Leading level B | 127 | 100 | 79 | 79 |
| Led level B | 104 | 86 | 66 | 66 |
| Level A alone | 131 | 109 | 88 | 88 |
| Level B alone | 113 | 95 | 75 | 75 |
| Second advocate | 63 | 50 | 43 | 43 |
| Advocacy | Preliminary hearing £ | Half day £ | Full day £ |
|---|---|---|---|
| QC | 113 | 238 | 476 |
| Leading junior | 86 | 195 | 390 |
| Led junior | 58 | 126 | 252 |
| Junior alone | 67 | 143 | 285 |
| Second led junior | 34 | 64 | 128 |
| Noter | 29 | 55 | 109 |
| Travelling, waiting and mileage |
|---|
| £25 per hour for travelling (up to a maximum of four hours in one day) or waiting |
| £0.45 per mile for mileage” |
Signed by authority of the Lord Chancellor
Hunt
Parliamentary Under Secretary of State
Ministry of Justice
2nd April 2008
(This note is not part of the Order)
This Order amends the Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174), which provides for the funding and remuneration of services provided under Part 1 of the Access to Justice Act 1999 as part of the Criminal Defence Service. This Order provides that in a Very High Cost Case where a litigator instructs an advocate who is not a member of a panel for such cases he may apply to the Legal Services Commission for payment in respect of the advocate’s work, where the instruction is made, and the work done, in accordance with the Commission’s contract for those cases. It then sets out the maximum payments which the Commission may make.
No separate impact assessment has been prepared for this Order, as it is not expected to have any different impact on businesses, charities or voluntary bodies from that of the introduction of the very high cost case regime as a whole, for which an assessment was prepared by the Legal Services Commission which is available at www.legalservices.gov.uk or from the Legal Services Commission, 85 Gray’s Inn Road, London WC1X 8TX.
1999 c.22. The powers were conferred on the Lord Chancellor by that Act, transferred to the Secretary of State for Constitutional Affairs by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887) and transferred back to the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429).
S.I. 2007/1174, amended by S.I. 2007/3552, which among other things introduced article 3(6A) and replaced Schedule 2.
The contract is available from the Legal Services Commission, 85 Gray’s Inn Road, London WC1X 8TX and at www.legalservices.gov.uk.