Made | 15th March 2001 | ||
Laid before Parliament | 20th March 2001 | ||
Coming into force | 1st May 2001 |
Transitional provisions
3.
This Order applies to all fees mentioned in article 4(2) payable to counsel under a certificate granted on or after 1st May 2001, and such fees payable under a certificate granted before that date shall be treated as if this Order had not been made.
Scope
4.
- (1) In respect of proceedings to which this Order applies, the Commission shall fund services as part of the Community Legal Service in accordance with the provisions of the following articles.
(2) Subject to article 3 and paragraphs (3) to (6), and to any limitations on the relevant certificate, this Order applies to counsel's fees in respect of all family proceedings in the High Court, county courts and magistrates' courts.
(3) This Order does not apply to proceedings where the length of the main hearing exceeds 10 days.
(4) This Order does not apply to appeals to:
(5) Where the Commission issues a High Cost Case Contract under the Funding Code, this Order applies except to the extent that the terms of such contract provide otherwise.
(6) Nothing in this Order shall affect any determination of the amount of costs payable under an order or agreement which provides that another party to proceedings or prospective proceedings shall pay all or part of the costs of a client.
Graduated fees
5.
- (1) The amount of the graduated fee for counsel shall be the base fee or the hearing unit fee, as appropriate, in respect of the function for which the fee is claimed, which is specified in the Schedules to this Order as applicable to the category of proceedings and the counsel instructed, increased by any:
so specified.
(2) The total graduated fee, as set out in paragraph (1), shall be increased by 33% in respect of all work carried out while the proceedings are in the High Court.
Mixed and multiple claims
6.
- (1) Only one base fee may be claimed in respect of each of functions F1 and F4 in relation to any single set of proceedings.
(2) Where counsel carries out work relating to more than one category of proceedings within the same function in a single set of proceedings, he may claim the fee for one category only.
(3) Counsel shall specify the category of proceedings upon which the fee payable under this Order is to be based when he submits his claim for payment.
(4) For the purposes of this Order, applications to the court constitute a single set of proceedings irrespective of whether they are made separately or together, where they are:
Representation of more than one party
7.
Subject to article 9(1)(c), where counsel represents more than one party in the same set of proceedings, payment shall be made as if counsel represented a single party.
half of the relevant hearing unit fee, without special issue payments or court bundle payments, shall be paid.
(2) For the purpose of functions F2 and F3:
(c) where a hearing continues after 5pm and concludes on that same day, an additional one half of the hearing unit fee shall be paid in respect of the time on that day after 5pm.
(3) For the purpose of function F5:
(c) where a hearing continues after 5pm and ends on that same day, an additional one half of the appropriate hearing unit fee (whether primary or secondary) shall be paid in respect of the time on that day after 5pm.
Special issue payments
9.
- (1) A special issue may arise where the proceedings involve, or, with regard to sub-paragraphs (e) to (g), are alleged to involve:
(2) The judge hearing the case shall, at the conclusion of the relevant hearing, certify on a form provided for that purpose any special issues mentioned in paragraph (1)(a) to (c), and any mentioned in paragraph (1)(d) to (g) which were of substance and relevant to any of the issues before the court.
(3) The decision of the judge under paragraph (2) shall be final save on a point of law.
(4) Subject to paragraph (7):
(5) Subject to paragraph (8):
(6) The Regional Director shall, in considering any claim made under paragraph (5), consider whether the work in question was reasonably carried out and, in respect of any special issues mentioned in paragraph (1)(d) to (g), whether the issue was of substance and relevant to any of the issues before the court.
(7) With regard to functions F2 and F3, where more than one hearing has taken place in a single set of proceedings, a special issue payment shall be made only in respect of one such hearing in relation to any special issue certified in respect of that hearing, and counsel shall specify in respect of which hearing in each function it shall be made.
(8) With regard to function F4, where more than one conference has taken place counsel shall specify in respect of which single conference the special issue payment shall be made.
Financial Dispute Resolution hearing payments
10.
In respect of a set of proceedings which include proceedings for ancillary relief, an additional payment shall be paid at a rate of £150 in respect of Queen's Counsel, and £60 in respect of counsel other than Queen's Counsel, in respect of the Financial Dispute Resolution hearing in function F3.
Court bundle payments
11.
- (1) A court bundle payment shall be made:
(2) Where there is no court bundle, equivalent provisions to those in paragraph (1) shall apply to counsel's brief.
Early settlement payments
12.
- (1) Subject to paragraphs (2) and (3), one settlement supplement shall be paid, as a percentage of the base fee or the hearing unit fee, as appropriate, applicable to the function in which the settlement takes place, where a settlement takes place which leads to the resolution of the set of proceedings.
(2) Subject to paragraph (3), no settlement supplement shall be paid in respect of a settlement which takes place in:
(3) In respect of a set of proceedings which include proceedings for ancillary relief, an additional payment shall be paid at a rate of £171.88 in respect of Queen's Counsel, and £68.75 in respect of counsel other than Queen's Counsel, where a settlement takes place in function F1 which leads to the resolution of the set of proceedings.
Incidental items
13.
An incidental item payment may be claimed, where it was reasonably and necessarily incurred, in respect of the following:
Replacement counsel
14.
Where one counsel replaces another during the course of a function, payment shall be made to the replacement counsel and shall be divided by agreement between them.
Applications after the main hearing
15.
- (1) Claims for payment in respect of work carried out after the main hearing shall be paid at the appropriate function rate.
(2) For the purposes of this Order, an appeal from a District Judge to a Circuit Judge or a High Court Judge, and all work relating thereto including but not limited to an advice on appeal, shall be treated as the commencement of a new set of proceedings.
Special preparation fee
16.
- (1) Where this article applies, counsel may claim a special preparation fee in addition to the graduated fee payable under this Order.
(2) This article applies where:
such that it has been necessary for counsel to carry out work by way of preparation substantially in excess of the amount normally carried out for proceedings of the same type; or
(3) The amount of the special preparation fee shall be calculated by multiplying the number of hours of preparation in excess of the amount normally carried out for proceedings of the same type, by an hourly rate of £100.50 in respect of Queen's Counsel, and £40.20 in respect of counsel other than Queen's Counsel.
(4) Where counsel claims a special preparation fee for work carried out within functions F1 and F4, or within functions F2, F3 and F5 where no hearing takes place, he shall, when submitting his claim for payment, supply such information and documents as may be required by the Regional Director as proof of the complexity of the relevant issues of law or fact and of the number of hours of preparation, and the Regional Director shall decide what special preparation fee, if any, shall be paid.
(5) Where counsel claims a special preparation fee for work carried out within functions F2, F3 and F5 he shall apply accordingly to the judge hearing the case at the relevant hearing, who shall decide what additional fee, if any, shall be paid, and whose decision shall be final save on a point of law.
Claims for payment
17.
- (1) Claims for payment in respect of work to which this Order applies shall be submitted to the Regional Director and shall contain full details of the claim and copies of all relevant documents.
(2) Counsel may submit a claim for payment:
(3) Only one claim for payment may be submitted under paragraph (2)(c) in respect of any one set of proceedings.
(4) Only one claim for payment may be submitted in respect of function F4 in respect of any one set of proceedings.
(5) Any claim for payment may include a claim in respect of all work carried out in the proceedings for which counsel has not previously submitted a claim.
(6) Counsel shall submit his claim for payment within 3 months of the discharge or revocation of the certificate to which it relates and, if he fails to do so, the Regional Director may reduce the amount payable under this Order; provided that the amount payable shall not be reduced unless counsel has been allowed a reasonable opportunity to show cause in writing why the amount should not be reduced.
(7) Any claim for payment shall include a claim in respect of all special issue payments, court bundle payments, settlement supplements and additional payments in respect of any functions for which the base fee or hearing unit fee, as appropriate, has been claimed and no later claim may be made in this respect.
(8) The Regional Director shall consider claims for payment under this Order and all relevant information and shall pay counsel such sums as are properly and reasonably due under this Order for work carried out within the scope of any relevant certificate or contract.
(9) No claims for payment on account of sums payable under this Order may be made.
Appeals
18.
- (1) If counsel is dissatisfied with any decision of the Regional Director with regard to the assessment of his fees under this Order, he may, within 21 days of the date of the assessment, (or such longer period as the Regional Director may allow) make written representations to the Costs Committee by way of an appeal.
(2) In any appeal under paragraph (1) the Costs Committee shall review the assessment and shall confirm, increase or decrease the amount assessed.
(3) If counsel is dissatisfied with the decision of the Costs Committee he may, within 21 days of the date of the reviewed assessment, apply to that Committee to certify a point of principle of general importance.
(4) Where the Costs Committee certifies a point of principle of general importance, counsel may, within 21 days of the date of the certification, appeal in writing to the Cost Appeals Committee against the reviewed assessment.
(5) If the Regional Director is dissatisfied with any reviewed assessment under paragraph (2), he may, within 21 days of the date of such reviewed assessment, certify a point of principle of general importance and appeal in writing to the Cost Appeals Committee.
(6) In any appeal under paragraph (5) the Regional Director shall serve notice of the appeal on counsel who may, within 21 days of the date of such notice, make written representations to the Cost Appeals Committee.
(7) In any appeal under paragraph (4) or (5) the Cost Appeals Committee shall review the decision of the Costs Committee and shall confirm, increase or decrease the reviewed assessment.
Review of payments
19.
- (1) Subject to the provisions of this article and article 4, payments under this Order shall be final payments.
(2) Nothing in this Order shall affect any right of a client with a financial interest in an assessment of costs to make representations after the conclusion of the set of proceedings with regard to such payments.
(3) Representations under paragraph (2) above may include representations as to the use of counsel in proceedings and as to the sums payable to counsel under this Order.
(4) Where a contract entered into by the Commission in accordance with section 6(3)(a) of the Act includes rules for the assessment of costs in proceedings in which fees have been paid or are payable to counsel under this Order, and such costs are to be assessed by the court, the court shall carry out such assessment in accordance with those rules.
(5) Where in any assessment of costs it appears that payments made to counsel are in excess of the amount properly and reasonably due to counsel under this Order or any relevant certificate, counsel's fees shall be reduced accordingly.
(6) Where in any assessment of costs payment to counsel under this Order alone would exceed any limit set by the Commission on the total costs payable under the relevant certificate or contract, counsel's fees shall be reduced accordingly.
(7) Counsel shall be informed of any reduction in his fees under this article and shall have the same rights to make representations with regard to any such reduction as would a solicitor, in accordance with the relevant rules of court, contract and regulations, as applicable.
(8) Where payment has been made under this Order which is in excess of the amount properly and reasonably due to counsel, the Commission may recover the excess payment either by way of repayment by counsel or by way of deduction from any other sum which may be due to him.
Irvine of Lairg,
C.
Dated 15th March 2001
Base fee | Hearing unit fee | SS | CBP1 | CBP2 | |
F1 | £150 | - | - | £40 | £79 |
F2 | - | £287.50 | 100% | £47 | £94 |
F4 | £125 | - | - | £33 | £67 |
F5 primary | - | £800 | 10% | £221 | £442 |
F5 secondary | - | £550 | - | £135 | £271 |
Special Issue Payments | |||||
Litigant in person | 5% | ||||
More than two parties | 5% | ||||
More than one child | 5% | ||||
More than one expert | 10% | ||||
Foreign | 0% | ||||
Assets | 0% | ||||
Conduct | 0% |
1where the court bundle comprises between 176 and 350 pages.
2where the court bundle comprises between 351 and 700 pages.
Base fee | Hearing unit fee | SS | CBP1 | CBP2 | |
F1 | £60 | - | - | £16 | £32 |
F2 | - | £115 | 100% | £19 | £37.50 |
F4 | £50 | - | - | £13 | £27 |
F5 primary | - | £320 | 10% | £88 | £177 |
F5 secondary | - | £220 | - | £54 | £108 |
Special Issue Payments | |||||
Litigant in person | 5% | ||||
More than two parties | 5% | ||||
More than one child | 5% | ||||
More than one expert | 10% | ||||
Foreign | 0% | ||||
Assets | 0% | ||||
Conduct | 0% |
1where the court bundle comprises between 176 and 350 pages.
2where the court bundle comprises between 351 and 700 pages.
2.
In respect of proceedings mentioned in paragraph 2 of Schedule 2, the amount of the graduated fee shall be as follows:
Base fee | Hearing unit fee | SS | CBP1 | CBP2 | |
F1 | £175 | - | - | £40 | £79 |
F2 | - | £212.50 | 100% | £47 | £94 |
F3 | - | £412.50 | 100% | £82 | £165 |
F4 | £150 | - | - | £33 | £67 |
F5 primary | - | £1,075 | 20% | £221 | £442 |
F5 secondary | - | £575 | - | £135 | £271 |
Special Issue Payments | |||||
Litigant in person | 40% | ||||
More than two parties | 40% | ||||
More than one child | 5% | ||||
More than one expert | 20% | ||||
Foreign | 30% | ||||
Assets | 0% | ||||
Conduct | 50% |
1where the court bundle comprises between 176 and 350 pages.
2where the court bundle comprises between 351 and 700 pages.
Base fee | Hearing unit fee | SS | CBP1 | CBP2 | |
F1 | £70 | - | - | £16 | £32 |
F2 | - | £85 | 100% | £19 | £37.50 |
F3 | - | £165 | 100% | £33 | £66 |
F4 | £60 | - | - | £13 | £27 |
F5 primary | - | £430 | 20% | £88 | £177 |
F5 secondary | - | £230 | - | £54 | £108 |
Special Issue Payments | |||||
Litigant in person | 40% | ||||
More than two parties | 40% | ||||
More than one child | 5% | ||||
More than one expert | 20% | ||||
Foreign | 30% | ||||
Assets | 0% | ||||
Conduct | 50% |
1where the court bundle comprises between 176 and 350 pages.
2where the court bundle comprises between 351 and 700 pages.
3.
In respect of proceedings mentioned in paragraph 3 of Schedule 2, the amount of the graduated fee shall be as follows:
Base fee | Hearing unit fee | SS | CBP1 | CBP2 | |
F1 | £150 | - | - | £40 | £79 |
F2 | - | £187.50 | 100% | £47 | £94 |
F3 | - | £300 | 100% | £82 | £165 |
F4 | £125 | - | - | £33 | £67 |
F5 primary | - | £812.50 | 10% | £221 | £442 |
F5 secondary | - | £550 | - | £135 | £271 |
Special Issue Payments | |||||
Litigant in person | 30% | ||||
More than two parties | 30% | ||||
More than one child | 5% | ||||
More than one expert | 50% | ||||
Foreign | 30% | ||||
Assets | 0% | ||||
Conduct | 50% |
1where the court bundle comprises between 176 and 350 pages.
2where the court bundle comprises between 351 and 700 pages.
Base fee | Hearing unit fee | SS | CBP1 | CBP2 | |
F1 | £60 | - | - * | £16 | £32 |
F2 | - | £75 | 100% | £19 | £37.50 |
F3 | - | £120 | 100% | £33 | £66 |
F4 | £50 | - | - | £13 | £27 |
F5 primary | - | £325 | 10% | £88 | £177 |
F5 secondary | - | £220 | - | £54 | £108 |
Special Issue Payments | |||||
Litigant in person | 30% | ||||
More than two parties | 30% | ||||
More than one child | 5% | ||||
More than one expert | 50% | ||||
Foreign | 30% | ||||
Assets | 0% | ||||
Conduct | 50% |
1where the court bundle comprises between 176 and 350 pages.
2where the court bundle comprises between 351 and 700 pages.
4.
In respect of proceedings mentioned in paragraph 4 of Schedule 2, the amount of the graduated fee shall be as follows:
Base fee | Hearing unit fee | SS | CBP1 | CBP2 | |
F1 | £150 | - | - * | £40 | £79 |
F2 | - | £162.50 | 50% | £47 | £94 |
F3 | - | £300 | 50% | £82 | £165 |
F4 | £125 | - | - | £33 | £67 |
F5 primary | - | £812.50 | 10% | £221 | £442 |
F5 secondary | - | £550 | - | £135 | £271 |
Special Issue Payments | |||||
Litigant in person | 10% | ||||
More than two parties | 10% | ||||
More than one child | 5% | ||||
More than one expert | 10% | ||||
Foreign | 25% | ||||
Assets | 50% | ||||
Conduct | 50% |
*see article 12(3).
1where the court bundle comprises between 176 and 350 pages.
2where the court bundle comprises between 351 and 700 pages.
Base fee | Hearing unit fee | SS | CBP1 | CBP2 | |
F1 | £60 | - | - * | £16 | £32 |
F2 | - | £65 | 50% | £19 | £37.50 |
F3 | - | £120 | 50% | £33 | £66 |
F4 | £50 | - | - | £13 | £27 |
F5 primary | - | £325 | 10% | £88 | £177 |
F5 secondary | - | £220 | - | £54 | £108 |
Special Issue Payments | |||||
Litigant in person | 10% | ||||
More than two parties | 10% | ||||
More than one child | 5% | ||||
More than one expert | 10% | ||||
Foreign | 25% | ||||
Assets | 50% | ||||
Conduct | 50% |
*see article 12(3).
1where the court bundle comprises between 176 and 350 pages.
2where the court bundle comprises between 351 and 700 pages.