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The Civil Legal Aid (Remuneration) Regulations 2013

Status:

This is the original version (as it was originally made).

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

SCHEDULE 1

Interpretation

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(1) or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984(2).

(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, the Court of Appeal and the Supreme Court.

PART 1Civil Standard and Graduated Fees

Legal help and help at court

2.  The fees in Table 1 for Housing do not apply to the Housing Possession Court Duty Scheme. The fees for that Scheme are contained in Table 6 in this Part.

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(3).

Table 1

Category Definition

Schedule Authorisation Standard Fee

Schedule Authorisation 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)

£203 (personal injury)

£79 (all other matters)

£477 (consumer general contract)

£621 (employment)

£609 (personal injury)

£237 (all other matters)

Public Law£259£777
Welfare Benefits£150£450
Table 2(a): Legal help
Family Public Law

Region

Fee

National£132
Table 2(b): Family help (lower) - section 31 Children Act 1989 Care or Supervision proceedings only

Region

Fee

National£365
Table 2(c): Legal representation – section 31 Children Act 1989 Care or Supervision proceedings only

Party

Court

Number of clients

Midlands

North

London

and South

Wales

ChildOther1£1,949£1,598£2,237£2,183
ChildOther2 or more£2,922£2,396£3,355£3,275
ChildHigh Court1£2,591£2,125£2,975£2,903
ChildHigh Court2 or more£3,887£3,188£4,461£4,354
Joined PartyOther£1,033£798£1,201£1,301
Joined PartyHigh Court£1,374£1,602£1,597£1,730
ParentOther1£2,556£2,123£2,907£2,633
ParentOther2£3,196£2,653£3,633£3,291
ParentHigh Court1£3,399£2,823£3,866£3,502
ParentHigh Court2£4,249£3,530£4,832£4,378
Table 3(a): Legal help
Family Private Law

Region

Fee

National£86
Table 3(b): Legal help – Divorce petition only

Region

Fee

National£146
Table 3(c): Family help (lower) - Children

Region

Fee

Settlement Fee

London£230£138
Non-London£199£119
Table 3(d): Family help (lower) - Finance

Region

Fee

Settlement Fee

London£241£145
Non-London£208£125
Table 3(e): Help with family mediation

Activity

Fee

Mediation Advice£150
Mediation Consent Order (Finance)£200
Table 3(f): Higher Standard Fee Scheme - Children

Region

Court

Family help (higher) Standard Fee

Legal representation Standard Fee

LondonCourt other than the High Court or Court of Protection£424£302
LondonHigh Court or Court of Protection£509£362
Non-LondonCourt other than the High Court or Court of Protection£353£251
Non-LondonHigh Court or Court of Protection£424£302
Table 3(g): Higher Standard Fee Scheme - Finance

Region

Court

Family help (higher)

Standard Fee

Family help (higher)

Standard Fee

Legal representation

Standard Fee

LondonCourt other than the High Court or Court of Protection£471£95£374
LondonHigh Court or Court of Protection£565£113£449
Non-LondonCourt other than the High Court or Court of Protection£392£78£311
Non-LondonHigh Court or Court of Protection£471£95£374
Table 3(h): Higher Standard Fee Scheme – Domestic Abuse Proceedings

Region

Court

Legal representation

Standard Fee

LondonCourt other than the High Court or Court of Protection£608
LondonHigh Court or Court of Protection£729
Non-LondonCourt other than the High Court or Court of Protection£507
Non-LondonHigh Court or Court of Protection£608
Table 4(a): Immigration and Asylum Standard Fees
Immigration and Asylum

Type of matter

Stage 1 (legal help)

Stage 2a (controlled legal representation)

Stage 2b (controlled legal representation)

Asylum£413£227£567
Immigration – non-asylum£234£227£454
Table 4(b): Additional Payment – UKBA Interview
Representation at UKBA Interview£266
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

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
Fast Track Standby Payment£34.02
Table 5(a): Basic Fees
Mental Health

Basic Fees

Value

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 Fees

Value

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

Region

Standard Fee

London£75.60
Non-London£71.55

PART 2Hourly Rates – Controlled Work

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

Legal help, help at court and family help (lower)

Activity

London

Rate

Non-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

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

Activity

London

Rate

Non-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

Activity

London

Rate

Non-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 hourly rates cases

Activity

London

Rate

Non-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

Table 7(e): All other categories

Activity

London

Rate

Non-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

Activity

London

Rate

Non-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

Table 8(b): Immigration and Asylum Chamber of the Upper Tribunal cases where permission granted to Client (non Fast Track)

Activity

London

Rate

Non-London Rate

Preparation and Attendance£74.36 per hour£69.56 per hour
Travel and Waiting Time£36.82 per hour£35.78 per hour
Routine Letters Out and Telephone Calls£5.35 per item£4.99 per item
Advocacy£84.56 per hour£84.56 per hour

Table 8(c): Immigration and Asylum – Other Hourly Rates Cases

Activity

London

Rate

Non-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 per hour£3.69 per hour
Advocacy£62.64 per hour£62.64 per hour

Table 8(d): Representation in Mental Health Proceedings

Activity

London

Rate

Non-London Rate

Preparation, Attendance and Advocacy£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 item£65.79 per item
Attending Tribunal with Counsel£30.78 per hour£30.78 per hour

PART 3Hourly 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

Family Prescribed Rates

Activity

Higher Courts

County Court and Family

Proceedings Court
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

Table 9(b): Other Family Proceedings

Activity

Higher Courts

County Court and Family

Proceedings Court
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)

Table 10(a): Higher Courts, County Courts and Magistrates’ Courts for work carried out with Schedule Authorisation

Non Family Prescribed Rates

Activity

Higher Courts

County 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£29.25
Advocacy£67.50 per hour£59.40 per hour
Travelling and waiting time£29.93 per hour£26.28 per hour

Table 10(b): Higher Courts, County Courts and Magistrates’ Courts for work not carried out with Schedule Authorisation

Activity

Higher Courts

County 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

Table 10(c): First-tier Tribunal

Activity

London

Rate

Non-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 4Family Mediation Fees

Table 11(a): Assessment Meetings

Activity

Fee

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

Table 11(b): Mediation Fees

Category of Work

Single Session

Multi Session

Agreed 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

SCHEDULE 2Remuneration 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

Table

Category

Hourly Rate

Junior counsel in the County Court

£112.50 (Non-London Rate)

£135 (London Rate)

Senior counsel alone or leading in the High Court£135
Led junior counsel in the High Court, 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 of 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£36

Regulation 8(2)

SCHEDULE 3Family Advocacy Scheme: Fees and Rates

Interpretation

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

PART 1Public Law Advocacy Fees

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

Court

Hearing Unit 1 (up to 1 hour)

Hearing Unit 2 (up to 2.5 hours)

Conference fee

Opinion fee

Advocates’ Meeting Fee

Final Hearing Fee (per day)

Family Proceedings Court£86.72£216.81£127.71£105.66£128.16£506.25
County Court£95.40£238.46£127.71£105.66£140.99£556.88
High Court£114.48£286.16£127.71£105.66£169.20£668.25

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

Court

Hearing Unit 1 (up to 1 hour)

Hearing Unit 2 (up to 2.5 hours)

Conference fee

Opinion fee

Advocates’ Meeting Fee

Final Hearing Fee (per day)

Family Proceedings Court£75.83£189.59£127.71£105.66£128.16£464.31
County Court£83.39£208.53£127.71£105.66£140.99£510.75
High Court£100.08£250.20£127.71£105.66£169.20£612.90

Table 1(c): Public Law – bolt-on fees

Category

Payable For

Fee 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 – court bundle payments

Hearing type

CB1 (351-700 pages)

CB2 (701-1,400 pages)

CB3 (over 1,400 pages)

Interim Hearing£59.40£89.10£89.10
Final Hearing£159.30£239.40£318.60

PART 2Private Law Advocacy Fees

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

Court

Hearing Unit 1 (up to 1 hour)

Hearing Unit 2 (up to 2.5 hours)

Conference fee

Opinion fee

Final hearing fee (per day)

Family Proceedings Court£62.69£156.74£125.37£94.05£397.04
County Court£68.94£172.40£125.37£94.05£436.73
High Court£82.76£206.87£125.37£94.05£524.07

Table 2(b): Domestic Abuse – Graduated Fees

Court

Hearing Unit 1 (up to 1 hour)

Hearing Unit 2 (up to 2.5 hours)

Final hearing fee (per day)

Family Proceedings Court£81.50£203.76£361.17
County Court£81.50£203.76£361.17
High Court£81.50£203.76£361.17

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

Court

Hearing Unit 1(up to 1 hour)

Hearing Unit 2 (up to 2.5 hours)

Finan-cial Dis-

pute Resolu-tion Hearing Unit 1

Finan-cial Dis-

pute Resolu-tion Hearing Unit 2

Early resolu-tion fee

Confer-ence fee

Opinion

Fee

Final

hearing

fee (per day)

County Court and Family Proceedings Court£63.18£157.95£101.07£252.72£126.36£126.36£94.77£443.70
High Court£75.83£189.54£121.32£303.26£151.65£126.36£94.77£532.44

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

Bolt-on Fee

Payable For

Fee 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 – court bundle payment

Hearing type

CB1 (351-700 pages)

CB2 (701-1,400 pages)

CB3 (over 1,400 pages)

Interim hearing£59.40£89.10£89.10
Final hearing£159.30£239.40£318.60

Regulation 9(3) and (4)

SCHEDULE 4Inquests

Interpretation

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

Item

Grade

Inside

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

Item

Category

Fixed rate

Brief feeJunior Counsel£900
Queen’s Counsel£1800
Refresher feeJunior Counsel£450
Queen’s Counsel£630

Regulation 10

SCHEDULE 5Experts’ 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.

Table

Expert

Non-London - Hourly Rate unless stated to be a Fixed Fee

London - Hourly Rate unless stated to be a Fixed Fee

Comments

A&E consultant£126£135
Accident reconstruction£90£68
Accountant£50 - £135£50 - £144Partner £144, Manager £108, Accountant £80, General staff £50
Anaesthetist£135£135
Architect£99£90
Cardiologist£144£144
Cell telephone site analysis£90£90
Child psychiatrist£135£135
Child psychologist£126£126
Computer expert£90£90
Consultant engineer£90£68
Dentist£117£117
Dermatologist£108£108
Disability consultant£68£68
DNA–testing of sample£315 per test£315 per test
DNA–preparation of report£90£90
Doctor (GP)£99£90
Employment consultant£68£68
Enquiry agent£32£23
ENT surgeon£126£126
General surgeon£135£90
Geneticist£108£108
GP (records report)£63 fixed fee£90 fixed fee
Gynaecologist£135£90
Haematologist£122£90
Handwriting expert£90£90
Interpreter£32£25
Lip reader/Signer£72£41
Mediator£126£126
Medical consultant£135£90
Medical microbiologist£135£135
Meteorologist£126£180 fixed fee
Midwife£90£90
Neonatologist£135£135
Neurologist£153£90
Neuropsychiatrist£158£90
Neuroradiologist£171£171
Neurosurgeon£171£90
Nursing expert£81£81
Obstetrician£135£135
Occupational therapist£68£68
Oncologist£140£140
Orthopaedic surgeon£144£144
Paediatrician£135£90
Pathologist£153£540 fixed fee
Pharmacologist£122£122
Photographer£32£23
Physiotherapist£81£81
Plastic surgeon£135£135
Process server£32£23
Psychiatrist£135£135
Psychologist£117£117
Radiologist£135£135
Rheumatologist£135£135
Risk assessment expert£63£63
Speech therapist£99£99
Surveyor (non housing-disrepair)£50£50
Surveyor (housing-disrepair)£85£115
Telecoms expert£90£90
Toxicologist£135£135
Urologist£135£135
Vet£90£90
Voice recognition£117£90

Exceptional circumstances

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 1

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 experts

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.

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.

(3)

The 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.

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