Search Legislation

Advanced Search

The Civil Legal Aid (Remuneration) Regulations 2013

Help about what version

What Version

Help about advanced features

Advanced Features

Changes to legislation:

The Civil Legal Aid (Remuneration) Regulations 2013 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  • reg. 5A(3)(a) omitted by S.I. 2015/1369 reg. 5(3)(a) (This amendment not applied to legislation.gov.uk. Reg. 5 revoked (31.3.2016) before coming into force by S.I. 2016/313, regs. 1(1), 2(a)(ii), 3)
  • reg. 5A(3)(j) substituted by S.I. 2015/1369 reg. 5(3)(b) (This amendment not applied to legislation.gov.uk. Reg. 5 revoked (31.3.2016) before coming into force by S.I. 2016/313, regs. 1(1), 2(a)(ii), 3)
  • reg. 7(4B) inserted by S.I. 2023/1177 reg. 3(2)(b)

Statutory Instruments

2013 No. 422

Legal Aid And Advice, England And Wales

The Civil Legal Aid (Remuneration) Regulations 2013

Made

25th February 2013

Laid before Parliament

28th February 2013

Coming into force

1st April 2013

The Lord Chancellor makes the following Regulations M1 in exercise of the powers conferred by sections 2(3), 5(2), 5(4) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 M2.

Marginal Citations

M1Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor.

Citation and commencementE+W

1.  These Regulations may be cited as the Civil Legal Aid (Remuneration) Regulations 2013 and come into force on 1st April 2013.

InterpretationE+W

2.—(1) In these Regulations—

“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

[F1“1981 Act” means the Senior Courts Act 1981;

“1984 Act” means the Matrimonial and Family Proceedings Act 1984;

“2003 Act” means the Courts Act 2003;]

“advocate” means a person who exercises a right of audience before a court, tribunal or other person and “advocacy” means the exercise of such a right;

“advocates' meeting” means an advocates' meeting directed by the court pursuant to the outline set out in the table following [F2paragraph 1.3 of Practice Direction 12A (Care, Supervision and other Part 4 Proceedings: Guide to Case Management) to the Family Procedure Rules 2010];

“advocacy services” means work done—

(a)

by an advocate at a court hearing;

(b)

by an advocate, as such, in connection with an advocates' meeting;

(c)

by counsel in connection with a conference; and

(d)

by counsel in connection with an opinion,

and fees and rates for advocacy services include, unless different provision is made in these Regulations, remuneration for preparatory work, attendances, travelling and waiting in relation to those services [F3but does not include anything done that falls under the definition of “online procedure advocacy services”];

F4...

[F5“authorised” means authorised by the President of the Family Division, or nominated by or on behalf of the Lord Chief Justice to conduct particular business, under powers granted by rules made under section 31D of the 1984 Act;]

“Category Definition” means one of the Category Definitions that form part of the 2010 Standard Civil Contract [F6, the 2013 Standard Civil Contract [F7, the 2014 Standard Civil Contract [F8, the 2015 Standard Civil Contract or the 2018 Standard Civil Contract]]];

“Controlled Work” has the same meaning as in regulation 21(2) of the Civil Legal Aid (Procedure) Regulations 2012 M3;

[F9“costs judge” means—

(a)

the Chief Taxing Master;

(b)

a taxing master of the Senior Courts; or

(c)

a person appointed to act as deputy for the person holding office referred to in sub-paragraph (b) or to act as a temporary additional officer for any such office;]

“counsel” means—

(a)

a barrister in independent practice; and

(b)

a solicitor or Fellow of the Institute of Legal Executives who does not work in a partnership and who is not a party to the relevant contract;

“family proceedings” means proceedings which arise out of family relationships, and includes proceedings in which the welfare of children is determined, and includes proceedings under the following—

(a)

the Matrimonial Causes Act 1973 M4;

(b)

the Adoption Act 1976 M5;

(c)

the Domestic Proceedings and Magistrates' Courts Act 1978 M6;

(d)

Part III (financial relief in England and Wales after overseas divorce etc) of the Matrimonial and Family Proceedings Act 1984 M7;

(e)

Parts I to V (introductory, orders with respect to children in family proceedings, local authority support for children and families, care and supervision, protection of children) of the Children Act 1989 M8;

(ea)

[F10section 119 and section 124 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty);]

(f)

Part IV (family homes and domestic violence) of the Family Law Act 1996 M9;

(g)

the Adoption and Children Act 2002 M10;

(h)

the Civil Partnership Act 2004 M11; and

(i)

the inherent jurisdiction of the High Court in relation to children,

but does not include judicial review proceedings, proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 M12 or proceedings under the Trusts of Land and Appointment of Trustees Act 1996 M13;

[F11“judge of circuit judge level” means—

(a)

a circuit judge who is authorised, where applicable;

(b)

a Recorder who is authorised, where applicable; or

(c)

any other judge of the family court authorised to sit as a judge of circuit judge level in the family court;

“judge of district judge level” means—

(a)

the Senior District Judge of the Family Division;

(b)

a district judge of the Principal Registry of the Family Division;

(c)

a person appointed to act as deputy for the person holding office referred to in sub-paragraph (b) or to act as a temporary additional officer for any such office;

(d)

a district judge who is authorised, where applicable;

(e)

a deputy district judge appointed under section 102 of the 1981 Act or section 8 of the County Courts Act 1984 who is authorised, where applicable;

(f)

an authorised District Judge (Magistrates’ Courts); or

(g)

any other judge of the family court authorised to sit as a judge of district judge level in the family court;

“judge of High Court judge level” means—

(a)

a deputy judge of the High Court;

(b)

a puisne judge of the High Court;

(c)

a person who has been a judge of the Court of Appeal or a puisne judge of the High Court who may act as a judge of the family court by virtue of section 9 of the 1981 Act;

(d)

the Senior President of Tribunals;

(e)

the Chancellor of the High Court;

(f)

an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);

(g)

the President of the Queen’s Bench Division;

(h)

the President of the Family Division;

(i)

the Master of the Rolls; or

(j)

the Lord Chief Justice;

“judge of the family court” means a judge referred to in section 31C(1) of the 1984 Act;

[F12“justices’ legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;]

“lay justice” means an authorised justice of the peace who is not a District Judge (Magistrates’ Courts);]

“legally aided person” means a person for whom civil legal services are made available under arrangements made for the purposes of Part 1 of the Act and “client” has the same meaning;

[F13"online procedure advocacy services" means advocacy in relation to online procedure cases, and fees and rates for online procedure advocacy services include remuneration for travelling and waiting in relation to those services;]

“provider” means a party, other than the Lord Chancellor, to the relevant contract;

“the relevant contract” means whichever of the 2010 Standard Civil Contract, [F14the 2010 Standard Crime Contract,] the 2013 Standard Civil Contract [F15, the 2013 Individual Case Contract (Civil) [F16, the 2014 Standard Civil Contract] [F17, the 2014 Standard Civil Contract (Welfare Benefits) [F18, the 2015 Standard Civil Contract [F19, the 2016 Standard Civil Contract (Welfare Benefits) or the 2018 Standard Civil Contract]]]] governs the provision of civil legal services for which remuneration is claimed; and

“the 2010 Standard Civil Contract”, [F20“the 2010 Standard Crime Contract”,] “the 2013 Standard Civil Contract”, the “2013 Individual Case Contract (Civil)” [F21, the 2013 Individual Case Contract (High Cost Civil)” [F22, the 2014 Standard Civil Contract] [F23, “the 2014 Standard Civil Contract (Welfare Benefits)” [F24, “the 2015 Standard Civil Contract” [F25, “the 2016 Standard Civil Contract (Welfare Benefits)” and “the 2018 Standard Civil Contract”]]]] mean the contracts so named between the Lord Chancellor and a provider of civil legal services M14 under Part 1 of the Act (legal aid).

(2) A reference in these Regulations to the following forms of civil legal services—

(a)legal help;

(b)help at court;

(c)family help;

(d)family mediation;

(e)help with family mediation;

(f)legal representation; and

(g)other legal services,

is to the provision of those forms of service as defined in Part 2 of the Civil Legal Aid (Merits Criteria) Regulations 2013 M15.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

M14The contracts are available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office) at 102 Petty France, London SW1H 9AJ.

Value Added TaxE+W

3.  All rates and fees set out in the Schedules are exclusive of value added tax.

DelegationE+W

4.  A function of the Lord Chancellor under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Lord Chancellor M16.

Marginal Citations

M16Section 6 (authorisations) of the Act makes provision for authorisations given for the purpose of section 5 (delegation) of the Act or regulations under that section.

Non application to civil legal services provided under certain contractsE+W

5.—(1) Regulations [F265A] to 11 are subject to this regulation.

(2) These Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by a contract between a person and the Lord Chancellor which has been awarded as part of any pilot which provides for remuneration by way of one or more standard fees.

(3) With the exception of regulations [F275A,] 7 and 10, these Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by a contract between a person and the Lord Chancellor which has been awarded after competitive tendering as to price has taken place.

(4) With the exception of [F28regulations 5A and 10,] these Regulations do not apply to the payment of remuneration by the Lord Chancellor to persons who provide civil legal services where the provision of those services is governed by the Individual Case Contract (High Cost Civil).

(5) Where paragraph (3) applies, the reference in regulation 10(a) to “the relevant contract” is to the contract between a person and the Lord Chancellor which has been awarded after competitive tendering as to price has taken place.

(6) Where paragraph (4) applies, the reference in regulation 10(a) to “the relevant contract” is to the Individual Case Contract (High Cost Civil).

Textual Amendments

[F29Remuneration for civil legal services: judicial reviewE+W

5A.—(1) Where an application for judicial review is issued, the Lord Chancellor must not pay remuneration for civil legal services consisting of making that application unless—

(a)the court gives permission to bring judicial review proceedings;

(b)the court neither refuses nor gives permission to bring judicial review proceedings and the Lord Chancellor considers that it is reasonable to pay remuneration in the circumstances of the case, taking into account, in particular—

(i)the reason why the provider did not obtain a costs order or costs agreement in favour of the legally aided person;

(ii)the extent to which, and the reason why, the legally aided person obtained the outcome sought in the proceedings, and

(iii)the strength of the application for permission at the time it was filed, based on the law and on the facts which the provider knew or ought to have known at that time;

(c)the defendant withdraws the decision to which the application for judicial review relates and the withdrawal results in the court—

(i)refusing permission to bring judicial review proceedings, or

(ii)neither refusing nor giving permission;

(d)the court orders an oral hearing to consider—

(i)whether to give permission to bring judicial review proceedings;

(ii)whether to give permission to bring a relevant appeal, or

(iii)a relevant appeal, or

(e)the court orders a rolled-up hearing.

(2) Nothing in this regulation affects any payment—

(a)by the Lord Chancellor of disbursements incurred by a provider in accordance with the relevant contract, or

(b)on account by the Lord Chancellor to a provider in accordance with the relevant contract.

(3) In this regulation—

(a)“2010 Standard Crime Contract” means the contract so named between the Lord Chancellor and a provider with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act for the provision of advice, assistance and representation made available under sections 13, 15 or 16 of the Act;

(b)[F30“2013 CLA Contract and “2018 CLA Contract” mean the contracts] so named between the Lord Chancellor and a provider for the provision of civil legal services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

(c)“application for judicial review” means an application for judicial review made or treated as made in accordance with—

(i)Part 54 of the Procedure Rules, or

(ii)Part 4 of the Tribunal Rules,

and includes bringing a relevant appeal and making an application for permission to bring a relevant appeal, but does not include a relevant application for interim relief;

(d)“costs agreement” and “costs order” mean, respectively, an agreement or an order that another party to the proceedings pay all, or part of, the costs of the legally aided person;

(e)“court” includes the Upper Tribunal established under section 3 of the Tribunals, Courts and Enforcement Act 2007;

(f)“issued” includes—

(i)the sending of the application by the Upper Tribunal under rule 28(8) of the Tribunal Rules, or

(ii)the provision of the application by the applicant under rule 28A(2)(a) of the Tribunal Rules,

to each person named in the application as a respondent or interested party;

(g)“Procedure Rules” means the Civil Procedure Rules 1998

(h)“relevant appeal” means an appeal against a decision to refuse permission to bring judicial review proceedings under—

(i)Part 52 of the Procedure Rules, or

(ii)Part 7 of the Tribunal Rules;

(i)“relevant application for interim relief” means application for an interim remedy under—

(i)Part 25 of the Procedure Rules, or

(ii)Part 4 of the Tribunal Rules;

(j)“relevant contract” means whichever of the 2010 Standard Civil Contract, the 2010 Standard Crime Contract, the 2013 Standard Civil Contract, the 2013 Individual Case Contract (Civil), the 2013 Individual Case Contract (High Cost Civil), the 2013 CLA Contract [F31, the 2014 Standard Civil Contract, the 2014 Standard Civil Contract (Welfare Benefits) [F32, the 2015 Standard Civil Contract, [F33the 2016 Standard Civil Contract (Welfare Benefits),] the 2018 Standard Civil Contract or the 2018 CLA Contract]] governs the provision of the civil legal services for which remuneration is claimed;

(k)“rolled-up hearing” means a hearing at which the court considers the application for judicial review (including whether to give permission to bring judicial review proceedings);

(l)“Tribunal Rules” means the Tribunal Procedure (Upper Tribunal) Rules 2008.]

Textual Amendments

Remuneration for civil legal services: generalE+W

6.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration to providers of civil legal services other than—

(a)advocacy services in family proceedings; or

(b)civil legal services in relation to inquests.

(2) [F34Subject to regulation 5A,] the Lord Chancellor must pay remuneration to a provider of civil legal services in accordance with—

(a)the relevant contract; and

(b)subject to paragraph (3), the fees and rates set out in Schedule 1.

(3) The Lord Chancellor may pay a percentage enhancement to the hourly rates set out in Schedule 1, but the percentage enhancement must not exceed—

(a)100% for proceedings in the Upper Tribunal, High Court, Court of Appeal or the Supreme Court; and

(b)50% for all other proceedings.

Textual Amendments

7.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration for civil legal services provided by barristers in independent practice where the civil legal services—

(a)are in relation to work that is not Controlled Work; and

(b)are not—

(i)advocacy services in family proceedings; or

(ii)other legal services in relation to inquests.

(2) [F35Subject to paragraphs [F36(3) to (4A)]] [F35Subject to regulation 5A and paragraphs (3) and (4) of this regulation,], the Lord Chancellor must pay remuneration for civil legal services to which this regulation applies in accordance with the rates set out in Schedule 2.

[F37(3) The Lord Chancellor may pay an enhancement to the hourly rates set out in Table 1 of Schedule 2 where—

(a)the work was done with exceptional competence, skill or expertise;

(b)the work was done with exceptional speed; or

(c)the case involved exceptional circumstances or complexity.

(3A) Subject to paragraph (3B), when calculating the percentage by which the hourly rates may be enhanced under paragraph (3), the Lord Chancellor must have regard to the—

(a)degree of responsibility accepted by the barrister;

(b)care, speed and efficiency with which the barrister prepared the case; and

(c)novelty, weight and complexity of the case.

(3B) The Lord Chancellor must not pay an enhancement which exceeds—

(a)100% for proceedings in the Upper Tribunal or High Court; or

(b)50% for all other proceedings.]

[F38(4) Where a barrister in independent practice who is not a Queen’s Counsel provides civil legal services in a category not listed in Table 1 or Table 2 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 set out in Table 1 and the provisions relating to enhancement under paragraphs (3) to (3B).]

[F39(4A) Where a barrister in independent practice who is a Queen’s Counsel provides civil legal services in a category not listed in Table 2 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 set out in that Table.]

[F40(5) For the purpose of this regulation—

(a)in determining what is exceptional, the Lord Chancellor may have regard to the generality of proceedings to which the relevant rates apply;

(b)“care” includes the skill with which the barrister has carried out the work and, in particular, the care with which the barrister has dealt with a vulnerable client; and

(c)“weight” means the—

(i)volume of documentation or other material in a case;

(ii)number of issues arising in a case; or

(iii)importance of the case to the client.]

Textual Amendments

Remuneration: advocacy services in family proceedingsE+W

8.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration for the provision of advocacy services in family proceedings.

(2) Subject to paragraph (3), the Lord Chancellor must pay remuneration for advocacy services in family proceedings in accordance with—

(a)the relevant contract; and

(b)the [F41provisions of] Schedule 3.

(3) The Lord Chancellor must pay remuneration, other than to counsel, for advocacy services in family proceedings provided in the circumstances described in paragraph (4) in accordance with—

(a)the relevant contract; and

(b)the relevant hourly rates set out in Schedule 1.

(4) The circumstances referred to in paragraph (3) are where advocacy services are provided—

(a)to any party in child abduction proceedings;

[F42(aa)in proceedings under paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003;]

(b)in proceedings under Part IVA (forced marriage) of the Family Law Act 1996 M17;

(c)in [F43disputed] proceedings for divorce or judicial separation, for dissolution of a civil partnership or the legal separation of civil partners;

(d)in proceedings for the nullity of marriage or annulment of a civil partnership;

(e)in applications for a parental order under the Human Fertilisation and Embryology Act 2008 M18;

(f)in proceedings under the inherent jurisdiction of the High Court in relation to children;

(g)where the advocate separately represents a child in proceedings which are neither specified proceedings within the meaning of section 41(6) of the Children Act 1989 nor are heard together with such proceedings;

(h)in proceedings in the Court of Appeal or the Supreme Court;

(i)in a final appeal; or

(j)by Queen's Counsel acting as such under a prior authority given by the Lord Chancellor under the relevant contract.

(5) In paragraph (4), “final appeal” means any appeal against a final order in family proceedings but does not include—

(a)an application to the court of first instance for permission to appeal; and

(b)advice on the merits of appealing against a final order.

(6) Where advocacy services in the circumstances described in paragraph (4) are provided by counsel, the Lord Chancellor must pay remuneration to counsel in accordance with the relevant contract.

(7) In circumstances where the relevant contract requires the amount of remuneration payable to counsel to be determined having regard to matters including the remuneration that would have been payable had the services been remunerated under the provisions of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 M19, in deciding the amount of remuneration to pay to counsel under paragraph (6) the Lord Chancellor must reduce by 10% the remuneration that would have been payable under that Order.

Textual Amendments

Marginal Citations

M17Part IVA was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 (c.20).

M19S.I. 2001/1077; revoked by article 9(1) of S.I. 2011/1027 subject to savings set out in article 9(2).

Remuneration for civil legal services: inquestsE+W

9.—(1) This regulation applies to the payment by the Lord Chancellor of remuneration for civil legal services provided in relation to inquests.

(2) The Lord Chancellor must pay remuneration to the provider of civil legal services in relation to an inquest in the form of legal help in accordance with—

(a)the relevant contract; and

(b)the fees and rates in Part 1 and Part 2 of Schedule 1 that are applicable to the Category Definition most relevant to the circumstances giving rise to the inquest.

(3) The Lord Chancellor must pay remuneration for civil legal services provided in relation to an inquest in the form of other legal services in accordance with—

(a)the relevant contract; and

(b)subject to paragraph (4), the rates set out in Schedule 4.

(4) If, due to exceptional circumstances, the Lord Chancellor considers it reasonable to do so, instead of paying remuneration in accordance with the rates set out in Schedule 4, the Lord Chancellor may pay remuneration [F44in accordance with the payment rates set out in Part 2 of Schedule 2 to the Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013]

(5) In paragraph (4), “exceptional circumstances” must relate to one or more of the following—

(a)the unusual length of the inquest;

(b)the volume of material; or

(c)the complexity of the issues.

F45(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Remuneration: expert servicesE+W

10.  The Lord Chancellor must pay remuneration to a provider in relation to expert services incurred as a disbursement by the provider in accordance with—

(a)the relevant contract; and

(b)the provisions of Schedule 5.

Payments on account by the Lord Chancellor direct to barristers in independent practiceE+W

11.—(1) Subject to paragraphs [F46(6) and (7)], where a provider has instructed a barrister in independent practice to carry out work that is not Controlled Work, the barrister may apply [F47from time to time] to the Lord Chancellor on a form approved by the Lord Chancellor for payment on account of remuneration for the civil legal services provided by the barrister F48....

F49(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An application under paragraph (1) may not be made in respect of advocacy services in family proceedings.

[F50(7) In addition, an application under paragraph (1) may not be made—

(a)before the end of the period of three months beginning with the date on which the Director determined under section 9 of the Act that the legally aided person qualified for civil legal services;

(b)if it is the second or subsequent application under that paragraph in connection with services provided to the person mentioned in sub-paragraph (a), less than three months after the date on which the previous application was made.

(8) For the purposes of paragraph (7)—

(a)it does not matter whether the Director makes the determination under section 9 of the Act before, on or after 7th October 2020;

(b)where the barrister has made one or more applications under paragraph (1) before 7th October 2020 in connection with services provided to a particular legally aided person, that application or, as the case may be, the last of those applications is to be treated as the first application for the purposes of determining when the barrister may make a further application under paragraph (1).]

Textual Amendments

12.—(1) Where an application is made in accordance with regulation 11, the Lord Chancellor may pay the barrister up to [F5180%] of the amount that the Lord Chancellor considers to be the barrister's reasonable fees.

(2) In deciding how much to pay under paragraph (1), the Lord Chancellor must take into account—

(a)any amounts that the Lord Chancellor has previously paid on account to the barrister; and

(b)any cost limitation to which the determination referred to in regulation [F5211(7)(a)] is subject.

[F53(2A) Where an application for judicial review is issued and none of sub-paragraphs (a) to (e) of regulation 5A(1) applies, the barrister must repay to the Lord Chancellor any amount paid on account under paragraph (1) of this regulation for civil legal services consisting of making that application.]

(3) If a barrister's final fees are assessed at an amount less than the amount that the Lord Chancellor has paid to the barrister on account, the barrister must pay the difference to the Lord Chancellor.

Textual Amendments

Signed by authority of the Lord Chancellor

McNally

Minister of State

Ministry of Justice

Regulations 6, 8(3) and 9(2)

SCHEDULE 1E+W

Modifications etc. (not altering text)

InterpretationE+W

1.—(1) Unless different provision is made, words and expressions used in this Schedule have the same meaning as in the relevant contract.

(2) In this Schedule, “Mental Health Proceedings” means proceedings or potential proceedings before the First-tier Tribunal or the Mental Health Review Tribunal for Wales under any provision of the Mental Health Act 1983 M20 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 M21.

(3) In Part 3 of this Schedule (Hourly Rates – Licensed Work) “Higher Courts” means as appropriate the Court of Protection, the Crown Court, the Employment Appeal Tribunal, the Upper Tribunal, the High Court [F54other than a judge of High Court judge level acting as a judge of the family court], the Court of Appeal and the Supreme Court.

Textual Amendments

Marginal Citations

PART 1E+WCivil Standard F55... Fees

Textual Amendments

Legal help and help at courtE+W

[F562.  The fees in Table 1 for Housing do not apply to the Housing Possession Court Duty Scheme or the Housing Loss Prevention Advice Service. The fees for those schemes are contained in Tables 6 and 6(a) in this Part.]

Textual Amendments

[F572A.  The fees in Table 1 for Welfare Benefits do not apply to the payment of remuneration by the Lord Chancellor to providers of civil legal services where the provision of those services is governed by the 2014 Standard Civil Contract (Welfare Benefits) [F58, the 2016 Standard Civil Contract (Welfare Benefits) or the 2018 Standard Civil Contract.] The fee for the payment of remuneration by the Lord Chancellor to those persons is contained in Table 7 in this Part.]E+W

Textual Amendments

3.  In Table 1, “consumer general contract”, “employment” and “personal injury” have the same meanings as in the category definitions of the 2010 Standard Civil Contract in force on 31st March 2013 M22.E+W

Table 1

Category DefinitionF59... Standard FeeF59... Escape Fee Threshold
Actions Against the Police£239£717
Clinical Negligence£195£585
Community Care£266£798
Debt£180£540
Education£272£816
Housing£157£471
Miscellaneous

£159 (consumer general contract)

£207 (employment)

[F60£157 (injunctions under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 and related parenting orders)]

£203 (personal injury)

£79 (all other matters)

£477 (consumer general contract)

£621 (employment)

[F60£471 (injunctions under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 and related parenting orders)]

£609 (personal injury)

£237 (all other matters)

Public Law£259£777
Welfare Benefits£150£450

Table 2(a): Legal help

Family Public Law

RegionFee
National£132

Table 2(b): Family help (lower) - section 31 Children Act 1989 Care or Supervision proceedings only

RegionFee
National£365

[F61Table 2(c): Legal representation – section 31 Children Act 1989 Care or Supervision proceedings only

PartyPerson before whom proceedings are heardNumber of clientsMidlandsNorthLondon and SouthWales
Child [F62Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge1£1,754£1,438£2,013£1,965
Child [F62Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge2 or more£2,630£2,156£3,020£2,948
ChildJudge of High Court judge level1£2,332£1,913£2,678£2,613
ChildJudge of High Court judge level2 or more£3,498£2,869£4,015£3,919
Joined Party [F62Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge£930£718£1,081£1,171
Joined PartyJudge of High Court judge level£1,237£956£1,437£1,557
Parent [F62Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge1£2,300£1,911£2,616£2,370
Parent [F62Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge2£2,876£2,388£3,270£2,962
ParentJudge of High Court judge level1£3,059£2,541£3,479£3,152
ParentJudge of High Court judge level2£3,824£3,177£4,349£3,940]

Table 3(a): Legal help

Family Private Law

RegionFee
National£86

Table 3(b): Legal help – Divorce [F63application] only

RegionFee
National£146

Table 3(c): Family help (lower) - Children

RegionFeeSettlement Fee
London£230£138
Non-London£199£119

Table 3(d): Family help (lower) - Finance

RegionFeeSettlement Fee
London£241£145
Non-London£208£125

Table 3(e): Help with family mediation

ActivityFee
Mediation Advice£150
Mediation Consent Order (Finance)£200

[F64Table 3(f): Higher Standard Fee Scheme – Children

RegionPerson or court before whom proceedings are heardFamily help (higher) Standard FeeLegal representation Standard Fee
London [F65Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge£424£302
LondonJudge of High Court judge level or Court of Protection£509£362
Non-London [F65Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge£353£251
Non-LondonJudge of High Court judge level or Court of Protection£424£302]

[F66Table 3(g): Higher Standard Fee Scheme – Finance

RegionPerson or court before whom proceedings are heard

Family help (higher)

Standard Fee

Family help (higher) Settlement Fee

Legal representation

Standard Fee

London [F67Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge£471£95£374
LondonJudge of High Court judge level or Court of Protection£565£113£449
Non-London [F67Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge£392£78£311
Non-LondonJudge of High Court judge level or Court of Protection£471£95£374]

[F68Table 3(h): Higher Standard Fee Scheme – Domestic Abuse Proceedings

RegionPerson or court before whom proceedings are heard

Legal representation

Standard Fee

London [F69Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge£608
LondonJudge of High Court judge level or Court of Protection£729
Non-London [F69Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge£507
Non-LondonJudge of High Court judge level or Court of Protection£608]

Table 4(a): Immigration and Asylum Standard Fees

Immigration and Asylum

Type of matterStage 1 (legal help)Stage 2a (controlled legal representation)Stage 2b (controlled legal representation)
Asylum£413£227£567
Immigration – non-asylum£234£227£454

[F70Table 4(aa): Immigration and Asylum Standard Fees – online system appeals

Immigration and Asylum: online procedure appeals

Type of matterStage 2d (appeals without a hearing)Stage 2e (appeals with a hearing)
Asylum£669£1,009
Immigration – non asylum£628£855]

Table 4(b): Additional Payment – [F71UKVI] Interview

Representation at [F71UKVI] Interview£266

[F72Table 4(ba): Additional Payment – National Referral Mechanism

National Referral Mechanism Advice£150]

Table 4(c): Additional Payments for Advocacy Services

Oral Case Management Review Hearing£166
Telephone Case Management Review Hearing£90
Substantive Hearing in the Immigration and Asylum Chamber of the First-tier Tribunal

Asylum - £302

Immigration - £ 237

Additional Day Substantive Hearing

Asylum - £161

Immigration - £161

[F73Table 4(ca)

Immigration and Asylum Online Procedure Advocacy Services Standard Fees

ActivityAdvocacy Services Standard Fee
Oral Case Management Review Hearing£166
Telephone Case Management Review Hearing£90
Substantive Hearing in the Immigration and Asylum Chamber of the First-tier Tribunal

Asylum - £302

Immigration - £237

Additional Day Substantive Hearing

Asylum - £161

Immigration - £161]

Table 4(d): Immigration Removal Centres Standard Fees (for Exclusive Schedule Holders only)

On Site Surgery – advising 5 or more clients£360
On Site Surgery – advising 4 clients or less£180
F74... Standby Payment£34.02

Table 5(a): Basic Fees

Mental Health

Basic FeesValue
Mental Health – non Tribunal£253
Level 1 (Mental Health Proceedings)£129
Level 2 (Mental Health Proceedings)£321
Level 3 (Mental Health Proceedings)£294

Table 5(b): Additional Fees

Additional FeesValue
Adjourned Hearing Fee£117
Remote Travel Payment: Level 1 (Mental Health Proceedings)£69
Remote Travel Payment: Non-Tribunal, Level 2 (Mental Health Proceedings), Level 3 (Mental Health Proceedings)£138

Table 6: Standard Fee

Housing Possession Court Duty Scheme

RegionStandard Fee
London£75.60
Non-London£71.55

[F75Table 6(a)

Housing Loss Prevention Advice Service (HLPAS)

ActivityStandard FeeEscape Fee Threshold
HLPAS Stage One: early legal advice£157£471
HLPAS Stage Two: in-court duty scheme

£75.60 (London rate)

£71.55 (Non-London rate).

N/A]

[F76Table 7: Standard Fee

[F77Legal help or help at court in the Welfare Benefits Category of Law under the 2014 Standard Civil Contract (Welfare Benefits), 2016 Standard Civil Contract (Welfare Benefits) and the 2018 Standard Civil Contract]

Standard Fee£208]

Textual Amendments

F63Word in Sch. 1 Pt. 1 Table 3(b) heading substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022 (S.I. 2022/237), Sch. para. 7(3) (with reg. 3); S.I. 2022/283, reg. 2

Marginal Citations

M22The contract is available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office) at 102 Petty France, London SW1H 9AJ.

PART 2E+WHourly Rates – Controlled Work[F78Legal help, help at court and family help (lower)]

Textual Amendments

Table 7(a): Immigration and Asylum Escape Fee cases, Mental Health, Actions Against the Police, Public Law, Education and Community Care

F79...

ActivityLondon RateNon-London Rate
Preparation, Attendance and Advocacy£52.65 per hour£48.24 per hour
Travel and Waiting Time£27.81 per hour£27.00 per hour
Routine Letters Out and Telephone Calls£4.05 per item£3.78 per item

Textual Amendments

Table 7(b): Family and Housing (except as in Table 7(c)) and Miscellaneous (employment)

ActivityLondon RateNon-London Rate
Preparation, Attendance and Advocacy£48.74 per hour£45.95 per hour
Travel and Waiting Time£25.74 per hour£25.74 per hour
Routine Letters Out and Telephone Calls£3.78 per item£3.65 per item

Table 7(c): Legal help or help at court provided in relation to a review under section 202 of the Housing Act 1996 and to a defendant to a possession claim in the County Court, family help (lower) and related legal help in relation to section 31 of the Children Act 1989

ActivityLondon RateNon-London Rate
Preparation, Attendance and Advocacy£56.16 per hour£52.56 per hour
Travel and Waiting Time£27.81 per hour£27.05 per hour
Routine Letters Out and Telephone Calls£4.05 per item£3.78 per item

Table 7(d): Immigration and Asylum F80...

ActivityLondon RateNon-London Rate
Preparation, Attendance and Advocacy£51.62 per hour£47.30 per hour
Travel and Waiting Time£27.27 per hour£26.51 per hour
Routine Letters Out and Telephone Calls£3.96 per item£3.69 per item

Textual Amendments

Table 7(e): All other categories

ActivityLondon RateNon-London Rate
Preparation, Attendance and Advocacy£46.53 per hour£43.88 per hour
Travel and Waiting Time£24.62 per hour£24.62 per hour
Routine Letters Out and Telephone Calls£3.60 per item£3.47 per item

Table 8(a): Immigration and Asylum – Escape Fee Cases

Controlled Legal Representation

ActivityLondon RateNon-London Rate
Preparation and Attendance£57.83 per hour£54.09 per hour
Travel and Waiting Time£28.62 per hour£27.81 per hour
Routine Letters Out and Telephone Calls£4.14 per item£3.87 per item
Advocacy£65.79 per hour£65.79 per hour

F81...

F81. . .F81. . .F81. . .
F81. . .F81. . .F81. . .
F81. . .F81. . .F81. . .
F81. . .F81. . .F81. . .

Textual Amendments

F81Sch. 1 Pt. 2 Table 8(b) omitted (2.12.2013) by virtue of The Civil Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2877), regs. 1, 2(4)(a) (with reg. 3)

[F82Table 8(c): Controlled Legal Representation – Immigration and Asylum hourly rates cases]

ActivityLondon RateNon-London Rate
Preparation and Attendance£55.08 per hour£51.53 per hour
Travel and Waiting Time£27.27 per hour£26.51 per hour
Routine Letters Out and Telephone Calls£3.96 [F83per item]£3.69 [F83per item]
Advocacy£62.64 per hour£62.64 per hour

Textual Amendments

F82Sch. 1 Pt. 2 Table 8(c) heading substituted (2.12.2013) by The Civil Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2877), regs. 1, 2(4)(b) (with reg. 3)

[F84Table 8(ca)

Controlled Legal Representation – Immigration and Asylum Online Procedure hourly rates cases

ActivityLondon RateNon-London Rate
Preparation and Attendance£55.08 per hour£51.53 per hour
Routine Letters Out and Telephone Calls£3.96 [F85per item]£3.69 [F85per item]]

Textual Amendments

Table 8(d): Representation in Mental Health Proceedings

ActivityLondon RateNon-London Rate
[F86Preparation and Attendance]£57.83 per hour£54.09 per hour
Travel and Waiting Time£28.62 per hour£27.81 per hour
Routine Letters Out and Telephone Calls£4.14 per item£3.87 per item
Advocacy£65.79 [F87per hour]£65.79 [F87per hour]
Attending Tribunal with Counsel£30.78 per hour£30.78 per hour

Textual Amendments

PART 3E+WHourly Rates – Licensed Work

Table 9(a): Proceedings under Parts IV or V of the Children Act 1989, including proceedings under section 25 of that Act [F88, or as the case may be, section 119 of the Social Services and Well-being (Wales) Act 2014] [F89but excluding proceedings under [F90section 31 of the Children Act 1989]]

Family Prescribed Rates

Activity [F91Judge of High Court judge level (acting as a judge of the family court) or] Higher Courts [F92[F93Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge]
Writing routine letters£4.23 per item£3.69 per item
Receiving routine letters£2.12 per item£1.85 per item
Routine telephone calls£4.23 per item£3.69 per item
Preparation and attendance

£70.07 per hour (London rate)

£65.84 per hour (Non-London rate)

£61.38 per hour (London rate)

£58.41 per hour (Non-London rate)

Attendance at court or conference with counsel£37.13 per hour£32.67 per hour
Advocacy

£70.07 per hour (London rate)

£65.84 per hour (Non-London rate)

£64.35 per hour
Travelling and waiting time£32.18 per hour£29.21 per hour

Textual Amendments

[F94Table 9(aa): Legal representation – section 31 Children Act 1989 Care or Supervision proceedings only

ActivityJudge of High Court judge level (acting as a judge of the family court) or Higher Courts [F95Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge
Writing routine letters£4.23 per item£3.69 per item
Receiving routine letters£2.12 per item£1.85 per item
Routine telephone calls£4.23 per item£3.69 per item
Preparation and attendance

£63.06 per hour (London rate)

£59.26 per hour (Non-London rate)

£55.24 per hour (London rate)

£52.57 per hour (Non-London rate)

Attendance at court or conference with counsel£33.42 per hour£29.40 per hour
Travelling and waiting time£28.96 per hour£26.29 per hour]

Textual Amendments

Table 9(b): Other Family Proceedings

Activity [F96Judge of High Court judge level (acting as a judge of the family court) or] Higher Courts [F97[F98Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge]
Routine letters out£6.35 per item£5.40 per item
Receiving routine letters£3.15 per item£2.70 per item
Routine telephone calls£6.35 per item£5.40 per item
Preparation and attendance

£70.56 per hour (London rate)

£65.75 per hour (Non-London rate)

£59.40 per hour (London rate)

£54.90 per hour (Non-London rate)

Attending court or conference with Counsel£37.13 per hour£32.40 per hour
Advocacy

£70.56 per hour (London rate)

£65.75 per hour (Non-London rate)

£59.40 per hour (London rate)

£56.70 per hour (Non-London rate)

Travelling and waiting time£32.18 per hour

£28.80 per hour (London rate)

£27.90 per hour (Non-London rate)

Textual Amendments

Table 10(a): Higher Courts, County Courts and Magistrates' Courts for work carried out with Schedule Authorisation [F99or injunctions under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 and related parenting orders]

Non Family Prescribed Rates

ActivityHigher CourtsCounty Court and Magistrates' Courts
Routine letters out£6.75 per item£5.94 per item
Routine telephone calls£3.74 per item£3.29 per item
Preparation and attendance

£71.55 per hour (London rate)

£67.50 per hour (Non-London rate)

£63.00 per hour (London rate)

£59.40 per hour (Non-London rate)

Attendance at court or conference with Counsel£33.30 [F100per hour]£29.25 [F100per hour]
Advocacy£67.50 per hour£59.40 per hour
Travelling and waiting time£29.93 per hour£26.28 per hour

Textual Amendments

Table 10(b): Higher Courts, County Courts and Magistrates' Courts for work not carried out with Schedule Authorisation [F101(except as in Table 10(a))]

ActivityHigher CourtsCounty Court and Magistrates' Courts
Routine letters out£6.66 per item£5.85 per item
Routine telephone calls£3.69 per item£3.24 per item
Preparation and attendance

£70.65 per hour (London rate)

£66.60 per hour (Non-London rate)

£62.10 per hour (London rate)

£58.50 per hour (Non-London rate)

Attendance at court or conference with Counsel£32.76 per hour£28.80 per hour
Advocacy£66.60 per hour£58.50 per hour
Travelling and waiting time£29.43 per hour£25.88 per hour

Textual Amendments

Table 10(c): First-tier Tribunal

ActivityLondon RateNon-London Rate
Preparation and attendance£55.08 per hour£51.53 per hour
Routine letters out and telephone calls£3.96 per item£3.69 per item
Attending tribunal or conference with counsel£29.30 per hour£29.30 per hour
Advocacy£62.64 per hour£62.64 per hour
Travelling and waiting time£27.27 per hour£26.51 per hour

PART 4E+WFamily Mediation Fees

Table 11(a): Assessment Meetings

ActivityFee
Assessment alone£87
Assessment separate£87
Assessment together£130

Table 11(b): Mediation Fees

Category of WorkSingle SessionMulti SessionAgreed Proposal
All Issues of Sole Mediation£168£756£252
All Issues Co-Mediation£230£1,064£252
Property and Finance Sole Mediation£168£588£189
Property and Finance Co-Mediation£230£834£189
Child Sole Mediation£168£462£126
Child Co-Mediation£230£647£126

Regulation 7

[F102SCHEDULE 2E+WRemuneration of barristers in independent practice in relation to work that is not Controlled Work, advocacy services in family proceedings or other legal services in relation to inquests

Textual Amendments

InterpretationE+W

1.  For the purpose of this Schedule—

“junior counsel” means a barrister in independent practice of less than 10 years call; and

“senior counsel” means a barrister in independent practice of 10 years call or more.

Table 1: Rates in the County Court, High Court or Upper Tribunal other than for Queen’s Counsel

Category

Hourly Rate

Preparation and attendance in the High Court or Upper Tribunal

£71.55 (London rate)

£67.50 (Non-London rate)

Preparation and attendance in the County Court

£63.00 (London rate)

£59.40 (Non-London rate)

Attendance at court or conference in the High Court or Upper Tribunal£33.30
Attendance at court or conference in the County Court£29.25
Advocacy in the High Court or Upper Tribunal£67.50
Advocacy in the County Court£59.40
Travel and waiting in the High Court or Upper Tribunal£29.93
Travel and waiting in the County Court£26.28

Table 2: Rates in the Court of Appeal or Supreme Court and for Queen’s Counsel (in any court)

Category

Hourly Rate

Led junior counsel in the Court of Appeal or the Supreme Court£112.50
Leading senior counsel in the Court of Appeal£157.50
Queen’s Counsel (where approved for briefing or instruction by the Lord Chancellor) in the High Court or Court of Appeal£180
Leading senior counsel in the Supreme Court£180
Queen’s Counsel (where approved for briefing or instruction by the Lord Chancellor) in the Supreme Court£225
Noter/Pupil/2nd led junior counsel in the Court of Appeal or Supreme Court£36]

Regulation 8(2)

SCHEDULE 3E+WFamily Advocacy Scheme: Fees and Rates

InterpretationE+W

1.  Unless different provision is made, words and expressions used in this Schedule have the same meaning as in the relevant contract.

PART 1E+WPublic Law Advocacy Fees

Table 1(a): Care or supervision proceedings under section 31 of the Children Act 1989 – graduated fees

[F103Person before whom proceedings are heard] Hearing Unit 1 (up to 1 hour)Hearing Unit 2 (up to 2.5 hours)Conference feeOpinion feeAdvocates' Meeting FeeFinal Hearing Fee (per day)
[F104[F105Justices’ legal adviser] or lay justices]£86.72£216.81£127.71£105.66£128.16£506.25
[F106Judge of district judge level, judge of circuit judge level or costs judge]£95.40£238.46£127.71£105.66£140.99£556.88
[F107Judge of High Court judge level]£114.48£286.16£127.71£105.66£169.20£668.25

Textual Amendments

F103Words in Sch. 3 Pt. 1 Table 1(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(a)

F104Words in Sch. 3 Pt. 1 Table 1(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(b)

F106Words in Sch. 3 Pt. 1 Table 1(a) substituted (22.4.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/586), regs. 1(1), 2(5)(c)

Table 1(b): Other Public Law Case – graduated fees

[F108 Person before whom proceedings are heard]Hearing Unit 1 (up to 1 hour)Hearing Unit 2 (up to 2.5 hours)Conference feeOpinion feeAdvocates' Meeting FeeFinal Hearing Fee (per day)
[F109[F110Justices’ legal adviser] or lay justices]£75.83£189.59£127.71£105.66£128.16£464.31
[F111Judge of district judge level, judge of circuit judge level or costs judge]£83.39£208.53£127.71£105.66£140.99£510.75
[F112Judge of High Court judge level]£100.08£250.20£127.71£105.66£169.20£612.90

Textual Amendments

Table 1(c): Public Law – bolt-on fees

CategoryPayable ForFee Payable
Client – Allegations of HarmHearings25% of Hearing Unit Fee
Client – Lack of understanding etcHearings25% of Hearing Unit Fee
Expert's cross examinationHearings25% of Hearing Unit Fee
Exceptional travel feeHearings, Advocates' Meetings and Conferences£32.04

Table 1(d): Public Law – bolt-on fee – [F113advocate’s] bundle payments

Hearing type [F114ABP1] (351-700 pages) [F115ABP2] (701-1,400 pages) [F116ABP3] (over 1,400 pages)
Interim Hearing£59.40£89.10£89.10
Final Hearing£159.30£239.40£318.60

Textual Amendments

F113Word in Sch. 3 Pt. 1 Table 1(d) heading substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(i) (with reg. 3)

PART 2E+WPrivate Law Advocacy Fees

Table 2(a): Private Law Children – Graduated Fees

[F117 Person before whom proceedings are heard]Hearing Unit 1 (up to 1 hour)Hearing Unit 2 (up to 2.5 hours)Conference feeOpinion feeFinal hearing fee (per day)
[F118[F119Justices’ legal adviser] or lay justices]£62.69£156.74£125.37£94.05£397.04
[F120Judge of district judge level, judge of circuit judge level or costs judge]£68.94£172.40£125.37£94.05£436.73
[F121Judge of High Court judge level]£82.76£206.87£125.37£94.05£524.07

Textual Amendments

Table 2(b): Domestic Abuse – Graduated Fees

[F122 Person before whom proceedings are heard] Hearing Unit 1 (up to 1 hour)Hearing Unit 2 (up to 2.5 hours)Final hearing fee (per day)
[F123[F124Justices’ legal adviser] or lay justices]£81.50£203.76£361.17
[F125Judge of district judge level, judge of circuit judge level or costs judge]£81.50£203.76£361.17
[F126Judge of High Court judge level]£81.50£203.76£361.17

Textual Amendments

Table 2(c): Private Law Finance – Graduated Fees

[F127Person before whom proceedings are heard] Hearing Unit 1(up to 1 hour)Hearing Unit 2 (up to 2.5 hours)Finan-cial Dis-pute Resolu-tion Hearing Unit 1Finan-cial Dis-pute Resolu-tion Hearing Unit 2Early resolu-tion feeConfer-ence feeOpinionFeeFinalhearingfee (per day)
[F128[F129Justices’ legal adviser], lay justice, judge of district judge level, judge of circuit judge level or costs judge]£63.18£157.95£101.07£252.72£126.36£126.36£94.77£443.70
[F130Judge of High Court judge level]£75.83£189.54£121.32£303.26£151.65£126.36£94.77£532.44

Textual Amendments

Table 2(d): Private Law – bolt-on fees

Bolt-on FeePayable ForFee Payable
Client – Allegations of HarmPrivate Law Children Hearings25% of Hearing Unit Fee
Expert's cross examinationPrivate Law Children Hearings20% of Hearing Unit Fee
Exceptional travel feeHearings and Conferences£32.04

Table 2(e): Private Law Children and Finance – bolt on fees – [F131advocate’s] bundle payment

Hearing type [F132ABP1] (351-700 pages) [F133ABP2] (701-1,400 pages) [F134ABP3] (over 1,400 pages)
Interim hearing£59.40£89.10£89.10
Final hearing£159.30£239.40£318.60

Textual Amendments

F131Word in Sch. 3 Pt. 2 Table 2(e) heading substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(i) (with reg. 3)

F134Word in Sch. 3 Pt. 2 Table 2(e) substituted (31.7.2014) by The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014 (S.I. 2014/1389), regs. 1, 2(4)(b)(iv) (with reg. 3)

[F135Bolt on fees - advocate’s bundleE+W

2.—(1) The Lord Chancellor must pay a bolt-on fee at the rates set out in tables 1(d) (Public Law – bolt-on fee – advocate’s bundle payments) or 2(e) (Private Law Children and finance – bolt-on fees – advocate’s bundle payment) as applicable to an advocate providing advocacy services in family proceedings where—

(a)the advocate’s bundle for a hearing exceeds 350 pages; and

(b)the advocate submits a claim on a form specified by the Lord Chancellor.

(2) An advocate must provide any additional information or documents requested by the Lord Chancellor as evidence that paragraph 2(1)(a) is satisfied.

(3) For the purposes of this paragraph the advocate’s bundle—

(a)may only include—

(i)those documents relevant to the case which have been served by the parties to the proceedings to which the hearing relates; and

(ii)notes of contact visits if included in the court bundle; and

(b)must include a paginated index agreed by the parties to those proceedings.

(4) In this paragraph, “court bundle” means the bundle prepared for the hearing to which the claim relates in accordance with Practice Direction 27A - Family Proceedings: Court Bundles (universal practice to be applied in the High Court and Family Court) to the Family Procedure Rules 2010.]

Textual Amendments

Regulation 9(3) and (4)

SCHEDULE 4E+WInquests

InterpretationE+W

1.—(1) Unless different provision is made, words and expressions used in this Schedule have the same meaning as in the relevant contact.

(2) In this Schedule, “Senior Solicitor” means a solicitor with over eight years' qualified experience.

Table 1: Provider Hourly Rates

ItemGradeInside London (hourly rate)Outside London (hourly rate)
PreparationSenior Solicitor£75.27£71.55
Other Solicitor£63.80£60.75
Trainee Solicitor£45.90£40.17
Conference with counselSenior Solicitor£75.27£71.55
Other Solicitor£63.80£60.75
Trainee Solicitor£45.90£40.17
Attendance at hearingSenior Solicitor£57.05£57.05
Other Solicitor£45.90£45.90
Trainee Solicitor£27.68£27.68
Advocacy (by solicitor)Senior Solicitor£87.08£87.08
Other Solicitor£75.60£75.60
Travel and waitingSenior Solicitor£22.28£22.28
Other Solicitor£22.28£22.28
Trainee Solicitor£11.25£11.25

Table 2: Barrister rates

ItemCategoryFixed rate
Brief feeJunior Counsel£900
Queen's Counsel£1800
Refresher feeJunior Counsel£450
Queen's Counsel£630

Regulation 10

SCHEDULE 5E+WExperts' fees and rates

1.  Subject to paragraph 2, where the expert service is of a type listed in the Table, the Lord Chancellor must pay remuneration to the provider for the expert service at the fixed fees or at rates not exceeding the rates set out in the Table.E+W

[F136Table

Expert

Non-London - hourly rate unless stated to be a fixed fee

London - hourly rate unless stated to be a fixed fee

A&E consultant£100.80£108
Accident reconstruction£72£54.40
Accountant£64£64
Accountant (general staff)£40£40
Accountant (manager)£86.40£86.40
Accountant (partner)£108£115.20
Anaesthetist£108£108
Architect£79.20£72
Cardiologist£115.20£115.20
Cell telephone site analysis£72£72
Child psychiatrist£108£108
Child psychologist£100.80£100.80
Computer expert£72£72
Consultant engineer£72£54.40
Dentist£93.60£93.60
Dermatologist£86.40£86.40
Disability consultant£54.40£54.40
DNA (testing of sample)£252 per test£252 per test
DNA (preparation of report)£72£72
Doctor (GP)£79.20£72
Employment consultant£54.40£54.40
Enquiry agent£25.60£18.40
ENT surgeon£100.80£100.80
General surgeon£108£72
Geneticist£86.40£86.40
GP (records report)£50.40 fixed fee£72 fixed fee
Gynaecologist£108£72
Haematologist£97.60£72
Handwriting expert£72£72
Interpreter£28£25
Lip reader/Signer£57.60£32.80
Mediator£100.80£100.80
Medical consultant£108£72
Medical microbiologist£108£108
Meteorologist£100.80£144 fixed fee
Midwife£72£72
Neonatologist (non-clinical negligence cerebral palsy case)£108£108
Neonatologist (clinical negligence cerebral palsy case)£180£180
Neurologist (non-clinical negligence cerebral palsy case)£122.40£72
Neurologist (clinical negligence cerebral palsy case)£200£200
Neuropsychiatrist£126.40£72
Neuroradiologist (non-clinical negligence cerebral palsy case)£136.80£136.80
Neuroradiologist (clinical negligence cerebral palsy case)£180£180
Neurosurgeon£136.80£72
Nursing expert£64.80£64.80
Obstetrician£108£108
Occupational therapist£54.40£54.40
Oncologist£112£112
Orthopaedic surgeon£115.20£115.20
Paediatrician£108£72
Pathologist£122.40£432 fixed fee
Pharmacologist£97.60£97.60
Photographer£25.60£18.40
Physiotherapist£64.80£64.80
Plastic surgeon£108£108
Process server£25.60£18.40
Psychiatrist£108£108
Psychologist£93.60£93.60
Radiologist£108£108
Rheumatologist£108£108
Risk assessment expert£50.40£50.40
Speech therapist£79.20£79.20
Surveyor (housing disrepair)£85£115
Surveyor (non-housing disrepair)£40£40
Telecoms expert£72£72
Toxicologist£108£108
Urologist£108£108
Vet£72£72
Voice recognition£93.60£72]

Textual Amendments

Exceptional circumstancesE+W

2.—(1) The Lord Chancellor may increase the fixed fees or rates set out in the Table after paragraph 1 if the Lord Chancellor considers it reasonable to do so due to exceptional circumstances.

(2) In sub-paragraph (1), “exceptional circumstances” mean that the expert's evidence is key to the client's case and either—

(a)the complexity of the material is such that an expert with a high level of seniority is required; or

(b)the material is of such a specialised and unusual nature that only very few experts are available to provide the necessary evidence.

Payment of expert services of a type not listed in the Table after Part 1E+W

3.  Where the expert service is of a type not listed in the Table after paragraph 1, in considering the rate at which to fund the expert service the Lord Chancellor—

(a)must have regard to the rates set out in the Table after paragraph 1; and

(b)may require a number of quotes for provision of the service to be submitted to the Lord Chancellor.

General provisions relating to expertsE+W

4.—(1) The costs and expenses relating to experts listed at sub-paragraph (2) are not payable by the Lord Chancellor.

(2) The costs and expenses are—

(a)any administration fee charged by an expert, including (but not limited to)—

(i)a fee in respect of office space or provision of a consultation room;

(ii)a fee in respect of administrative support services, such as typing services;

(iii)a fee in respect of courier services;

(iv)a subsistence fee; and

(b)any cancellation fee charged by an expert, where the notice of cancellation was given to the expert more than 72 hours before the relevant hearing or appointment.

5.  The maximum amount that the Lord Chancellor may pay as a disbursement in respect of an expert's vehicle mileage is £0.45 per mile.E+W

6.  The maximum amount that the Lord Chancellor may pay as a disbursement in respect of an expert's travel time is £40 per hour.E+W

Explanatory Note

(This note is not part of the Regulations)

The Civil Legal Aid (Remuneration) Regulations 2013 (“the Regulations”) make provision about the payment by the Lord Chancellor to persons who provide civil legal services under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) (“the Act”).

The fees and rates set out in the Regulations are subject to definitions and payment schemes contained in the following contracts made between the Lord Chancellor and a provider of civil legal services under Part 1 of the Act, the relevant contract in any particular case being the contract which governs the provision of civil legal services for which the claim for remuneration relates: the 2010 Standard Civil Contract, the 2013 Standard Civil Contract and the 2013 Individual Case Contract (Civil).

The Regulations do not apply to the payment of remuneration under contracts awarded as part of a pilot which provides for remuneration by way of one or more standard fees. Other than regulations 7 and 10, the Regulations do not apply to contracts which have been awarded after competitive tendering as to price has taken place. Other than regulation 10, the Regulations do not apply to the 2013 Individual Case Contract (High Cost Civil).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources