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Statutory Instruments
2011 No. 2066
Legal Services Commission, England And Wales
The Community Legal Service (Funding) (Amendment No.2) Order 2011
Made
18th August 2011
Laid before Parliament
24th August 2011
Coming into force in accordance with article 2
The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 6(4) and 25(8A) of the Access to Justice Act 1999(1).
The Lord Chancellor has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act and has had regard to the matters specified in section 25(3) of that Act.
Citation, commencement and interpretation
1. This Order may be cited as the Community Legal Service (Funding) (Amendment No.2) Order 2011.
2. This Order comes into force-
(a)in relation to this article, articles 1, 3, 4, 5, 6(c), 7, 8, 11, 12, 13, 14 and article 9 in so far as it relates to Parts 4 and 5 of Schedule 1 to the 2007 Order, on 3rd October 2011;
(b)in relation to article 6(a) and (b) and article 9 in so far as it relates to Parts 1, 2 and 3 of Schedule 1 to the 2007 Order-
(i)where funded services are provided under the 2010 Standard Civil Contract on 3rd October 2011;
(ii)where funded services are provided under the Unified Contract on 1st February 2012;
(c)in relation to article 9, in so far as it relates to Schedule 2 to the 2007 Order, and article 10 on 1st February 2012.
3. In this Order, "the 2007 Order" means the Community Legal Service (Funding) Order 2007(2) and words and phrases used in this Order have the same meaning as in the 2007 Order.
Amendments to the 2007 Order
4. The 2007 Order is amended as follows.
5. In article 3(1), in the definition of "family proceedings", after paragraph (i) insert-
"but excludes proceedings under the Inheritance (Provision for Family and Dependants) Act 1975(3) and the Trusts of Land and Appointment of Trustees Act 1996(4);".
6. In article 5(2)-
(a)in sub-paragraph (b)(i) for "200% for non family proceedings" substitute "100% for proceedings";
(b)in sub-paragraph (b)(ii) for "100%" substitute "50%"; and
(c)after sub-paragraph (d) insert-
"(e)must-
(i)provide for payment of expert services of a type listed in Section 1 of Schedule 6 at the fixed fees or at rates not exceeding the rates set out in that section;
(ii)provide that the Commission may increase the fixed fees or rates set out in Section 1 of Schedule 6 if it considers it reasonable to do so due to exceptional circumstances as defined in Section 2 of Schedule 6; and
(iii)include provisions relating to the payment of expert services that accord with those set out in paragraphs 1 and 3 to 5 of Section 2 of Schedule 6.".
7. In article 5A(3), omit sub-paragraphs (b) and (c).
8. After article 5B insert-
"Remuneration of barristers in independent practice providing funded services under a certificate in civil (non-family) proceedings
5C.-(1) This article applies where-
(a)funded services are provided by a barrister in independent practice under a certificate; and
(b)the funded services are not advocacy services in family proceedings to which article 5A applies.
(2) Subject to paragraph (3), the Commission must fund payments to a barrister in independent practice at the hourly rates set out in Schedule 7.
(3) The Commission may increase the hourly rate for junior counsel in the county court if it considers it reasonable to do so.
(4) For the purposes of this article and Schedule 7-
(a)"junior counsel" means a barrister in independent practice of less than 10 years call; and
(b)"senior counsel" means a barrister in independent practice of 10 years call or more."
9. For Schedules 1 and 2 to the 2007 Order substitute Schedules 1 and 2 set out in Schedule 1 to this Order.
10. For paragraph 77 of Schedule 4 to the 2007 Order substitute-
"77.-(1) This paragraph applies where advocacy services within article 5A(3) are provided by counsel.
(2) There shall be determined on cost assessment, a figure having regard to-
(i)the work reasonably done by counsel;
(ii)the remuneration that would have been payable had the services been remunerated in accordance with paragraph 76 as it applied before 1st February 2012; and
(iii)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(5).
(4) The remuneration payable to counsel is the figure determined on cost assessment in accordance with paragraph (2) reduced by ten percent.".
11. In Schedule 5 to the 2007 Order, omit paragraphs 4 to 6.
12. After Schedule 5 to the 2007 Order, insert Schedules 6 and 7 set out in Schedule 2 to this Order.
Transitional Provisions
13.-(1) Where funded services are provided under a certificate and-
(a)the application for the certificate is signed before the date this Order comes into force in relation to those funded services, regardless of whether the scope of the certificate is extended on or after that date; and
(b)the application is received by the Commission before the expiry of 7 days after the date this Order comes into force in relation to those funded services,
the 2007 Order continues to have effect as if this Order had not been made.
14. Where funded services are provided otherwise than under a certificate and-
(a)an application for funded services is made before the date this Order comes into force in relation to those services; or
(b)a client was in receipt of Legal Help before the date this Order comes into force in relation to that Legal Help and the funded services are extended on or after that date to include Help at Court or Legal Representation,
the 2007 Order continues to have effect as if this Order had not been made.
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
18th August 2011
Article 9
SCHEDULE 1
Article 5
"SCHEDULE 1Fees and Hourly Rates
Subject to any specific provisions of this Schedule, words and expressions used in this Schedule have the same meaning as in the 2010 Standard Civil Contract or, in relation to services provided under the Unified Contract, that contract. The fees and rates in this Schedule are exclusive of value added tax. References to "Schedule Authorisation" shall, in respect of services provided under the Unified Contract, be read as "Specialist Quality Mark".
Part 1 - Civil Standard and Graduated Fees
1 -“ Legal Help and Help at Court
Table 1
The fees in this Table for Housing do not apply to the Housing Possession Court Duty Scheme -“ see Table 6.
| Category | Schedule Authorisation Standard Fee | Schedule Authorisation Exceptional Threshold | Tolerance Standard Fee | Tolerance Exceptional Threshold |
|---|---|---|---|---|
| Actions Against the Police | £239 | £717 | n/a | n/a |
| Clinical Negligence | £195 | £585 | n/a | n/a |
| Community Care | £266 | £798 | £161 | £483 |
| Consumer General Contract | £159 | £477 | £134 | £402 |
| Debt | £180 | £540 | £111 | £333 |
| Education | £272 | £816 | n/a | n/a |
| Employment | £207 | £621 | £135 | £405 |
| Housing | £157 | £471 | £124 | £372 |
| Miscellaneous | n/a | n/a | £79 | £237 |
| Personal Injury | £203 | £609 | £139 | £417 |
| Public Law | £259 | £777 | n/a | n/a |
| Welfare Benefits | £150 | £450 | £122 | £366 |
2 -“ Family Public Law
Table 2 (a): Legal Help
| National |
|---|
| £132 |
Table 2(b): Family Help (Lower) -“ Section 31 Children Act 1989 care or Supervision proceedings only
| National |
|---|
| £365 |
Table 2(c): Legal Representation - section 31 Children Act 1989 Care or Supervision proceedings only
| Party | Court | No. of Clients | Midlands | North | London and South | Wales |
|---|---|---|---|---|---|---|
| Child | Other | 1 | £1,949 | £1,598 | £2,237 | £2,183 |
| Child | Other | 2+ | £2,922 | £2,396 | £3,355 | £3,275 |
| Child | High Court | 1 | £2,591 | £2,125 | £2,975 | £2,903 |
| Child | High Court | 2+ | £3,887 | £3,188 | £4,461 | £4,354 |
| Joined Party | Other | £1,033 | £798 | £1,201 | £1,301 | |
| Joined | High Court | £1,374 | £1,062 | £1,597 | £1,730 | |
| Party | ||||||
| Parent | Other | 1 | £2,556 | £2,123 | £2,907 | £2,633 |
| Parent | Other | 2 | £3,196 | £2,653 | £3,633 | £3,291 |
| Parent | High Court | 1 | £3,399 | £2,823 | £3,866 | £3,502 |
| Parent | High Court | 2 | £4,249 | £3,530 | £4,832 | £4,378 |
3 -“ Family Private Law
Words and expressions in Table 3(e), Table 3(f) and Table 3(g) have the same meaning as in Schedule 3.
Table 3(a) -“ Legal Help
| National |
|---|
| £86 |
Table 3(b) -“ Legal Help -“ Divorce Petition Only
| National |
|---|
| £146 |
Table 3(c) -“ Family Help (Lower) -“ Children
| Fee | Settlement Fee | |
|---|---|---|
| London | £230 | £138 |
| Non - London | £199 | £119 |
Table 3(d) Family Help (Lower) -“ Finance
| Fee | Settlement Fee | |
|---|---|---|
| London | £241 | £145 |
| Non- London | £208 | £125 |
Table 3(e) Higher Standard Fee Scheme -“ Children
| Region | Court | Family Help (Higher) Standard Fee | Legal Representation Standard Fee |
|---|---|---|---|
| London | Other | £424 | £302 |
| High Court | £509 | £362 | |
| Non-London | Other | £353 | £251 |
| High Court | £424 | £302 |
Table 3(f) Higher Standard Fee Scheme -“ Finance
| Region | Court | Family Help (Higher) Standard Fee | Family Help (Higher) Settlement Fee | Legal Representation Standard Fee |
|---|---|---|---|---|
| London | Other | £471 | £95 | £374 |
| High Court | £565 | £113 | £449 | |
| Non-London | Other | £392 | £78 | £311 |
| High Court | £471 | £95 | £374 |
Table 3(g) Higher Standard Fee Scheme -“ Domestic Abuse Proceedings
| Region | Court | Legal Representation Standard Fee |
|---|---|---|
| London | Other | £608 |
| High Court | £729 | |
| Non-London | Other | £507 |
| High Court | £608 |
4 -“ Immigration
Table 4(a) -“ Immigration Standard Fees
| 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 Payments -“ Home Office Interview
| Representation at Home Office Interview | £266 |
Table 4(c) Additional Payments for Advocacy Services
| Additional Payment | |
|---|---|
| Oral Case Management Review Hearing | £166 |
| Telephone Case Management Review Hearing | £90 |
| Substantive Hearing in the AIT | 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 five or more clients | £360 |
| On site Surgery - advising four clients or less | £180 |
| Fast Track Standby Payment | £34.02 |
5 -“ Mental Health
Table 5(a) -“ Basic fees
| 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 |
6 -“ Housing Possession Court Duty Scheme
Table 6 Standard Fee
| Standard Fees | Value |
|---|---|
| London | £75.60 |
| Non-London | £71.55 |
PART 2 Hourly Rates -“ Controlled Work
7 -“ Legal Help, Help at Court and Family Help (Lower)
Table 7(a) Immigration exceptional cases, Mental Health, Actions Against the Police etc., Public Law, Education and Community Care
| Activity | London Rate | Non- London Rate |
|---|---|---|
| Preparation, Attendance and Advocacy | £52.65 per hour | £48.24 per hour |
| Travel & 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 Employment
| Activity | London Rate | Non-London Rate |
|---|---|---|
| Preparation, Attendance and Advocacy | £48.74 per hour | £45.95 per hour |
| Travel & 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(6) and to a defendant to a possession claim in the County Court; Family Help (Lower) and related Legal Help in relation to care or supervision proceedings under 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 & 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 hourly rates cases
| Activity | London Rate | Non-London Rate |
|---|---|---|
| Preparation, Attendance and Advocacy | £51.62 per hour | £47.30 per hour |
| Travel & 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 and all tolerance work
| Activity | London Rate | Non-London Rate |
|---|---|---|
| Preparation, Attendance and Advocacy | £46.53 per hour | £43.88 per hour |
| Travel & Waiting Time | £24.62 per hour | £24.62 per hour |
| Routine Letters out and telephone calls | £3.60 per item | £3.47 per item |
8 -“ Controlled Legal Representation
Table 8(a) Immigration -“ exceptional cases
| Activity | London Rate | Non-London Rate |
|---|---|---|
| Preparation and Attendance | £57.83 per hour | £54.09 per hour |
| Travel & 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 - 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 & 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 - Other Hourly Rates Cases
| Activity | London Rate | Non-London Rate |
|---|---|---|
| Preparation and Attendance | £55.08 per hour | £51.53 per hour |
| Travel & Waiting Time | £27.27 per hour | £26.51 per hour |
| Routine Letters out and telephone calls | £3.96 per item | £3.69 per item |
| Advocacy | £62.64 per hour | £62.64 per hour |
Table 8(d) Representation in Mental Health proceedings
| Activity | London Rate | Non-London Rate |
|---|---|---|
| Preparation and Attendance | £57.83 per hour | £54.09 per hour |
| Travel & 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 |
| Attending tribunal with counsel | £30.78 per hour | £30.78 per hour |
Part 3 -“ Hourly Rates -“ Licensed Work
9 -“ Family Prescribed Rates
Table 9(a) Care Proceedings
| 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) | £61.38 per hour (London Rate) |
£65.84 per hour (Non-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
The fees in this Table do not apply to proceedings under the Inheritance (Provision for Family and Dependants) Act 1975(7) or proceedings under the Trusts of Land and Appointment of Trustees Act 1996(8) -“ Table 10(a) or Table 10(b) apply to those 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) |
10 - Non Family Prescribed Rates
Table 10 (a) Higher Courts, County Courts and Magistrates' Courts for work carried out with Schedule Authorisation
| Activity | Higher Courts | County Court and Magistrate Court |
|---|---|---|
| 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 per hour | £29.25 per hour |
| 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 Court |
|---|---|---|
| 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) |
| Attending 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 letter out and telephone calls | £3.96 per item | £3.69 per item |
| Advocacy | £62.64 per hour | £62.64 per hour |
| Attending tribunal or conference with counsel | £29.30 per hour | £29.30 per hour |
| Travelling and waiting time | £27.27 per hour | £26.51 per hour |
PART 4 -“ Family Mediation Fees
11 -“ Family Mediation
Table 10(a): Willingness Test
| Willingness Test | |
|---|---|
| £25 |
Table 11 (b): Assessment Meetings
| Activity | |
|---|---|
| Assessment alone | £87 |
| Assessment separate | £87 |
| Assessment together | £130 |
Table 11(c): Mediation Fees
| Category of Work | Single Session | Multi Session | Agreed Proposal |
|---|---|---|---|
| All Issues 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 |
PART 5 -“ Rates for specialist support contracts
12 -“ Specialist support contracts in community care, debt, employment, housing, welfare benefits, mental health, immigration and public law
Table 12
| Category | Fixed fee |
|---|---|
| Stand -“ by payment | £27 per hour |
| Advice payment | £63 per hour |
Article 5 and 5A
SCHEDULE 2
Family Advocacy Scheme: Fees and Rates1 -“ Public law Advocacy Fees
Words and expressions used in this Schedule have the same meaning as in Schedule 4. The fees and rates in this Schedule are exclusive of value added tax.
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 cases - 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 Harm | Hearings | 25% of Hearing Unit Fee |
| Client - Lack of understanding etc | Hearings | 25% of Hearing Unit Fee |
| Expert's cross examination | Hearings | 25% of Hearing Unit Fee |
| Court bundle payments | Hearings | See table below |
| Exceptional travel fee | Hearings Advocates' Meetings and Conferences | £32.04 |
Table 1 (d) Public Law -“ bolt-on fees - court bundle payments
| CB1 (350-700 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 |
2 -“ Private 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 (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) | Financial Dispute Resolution Hearing Unit 1 | Financial Dispute Resolution Hearing Unit 2 | Early resolution fee | Conference Fee | Opinion Fee | Final hearing fee (per day |
|---|---|---|---|---|---|---|---|---|
| County 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 Harm | Private Law Children Hearings | 25% of Hearing Unit Fee |
| Expert's cross examination | Private Law Children Hearings | 20% of Hearing Unit Fee |
| Early resolution fee | Private Law Children Hearings | See Private Law Finance table above |
| Court bundle payments | Private Law Children or Finance Hearings | See table below |
| Exceptional travel fee | Hearings and Conferences | £32.04 |
Table 2 (e) Private law children and finance -“ bolt-on fees - court bundle payment
| CB1 (350-700 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" |
Article 12
SCHEDULE 2
Article 5
"SCHEDULE 6Experts' Fees and Rates
Section 1
Table
| Expert | Non- London Hourly Rate or fixed fee | London Hourly Rate or fixed fee | Comments |
|---|---|---|---|
| A&E consultant | £126 | £135 | |
| Accident reconstruction | £90 | £68 | |
| Accountant | £50 - £135 | £50 - £144 | Partner £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 | £90 | |
| Child psychologist | £126 | £90 | |
| Computer expert | £90 | £90 | |
| Consultant engineer | £90 | £68 | |
| Dentist | £117 | £117 | |
| Dermatologist | £108 | £108 | |
| Disability consultant | £68 | £68 | |
| DNA (per person) -“ testing of sample | £315 per test | £315 per test | |
| DNA (per person) -“ 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 | £90 | |
| Psychologist | £117 | £90 | |
| Radiologist | £135 | £135 | |
| Rheumatologist | £135 | £135 | |
| Risk assessment expert | £63 | £63 | |
| Speech therapist | £99 | £99 | |
| Surveyor | £50 | £50 | |
| Telecoms expert | £90 | £90 | |
| Toxicologist | £135 | £135 | |
| Urologist | £135 | £135 | |
| Vet | £90 | £90 | |
| Voice recognition | £117 | £90 |
Section 2
(Provisions relating to experts)
Payment of expert services of a type not listed in Section 1
1.-(1) This paragraph applies where the Commission receives a request for funding of an expert service of a type not listed in Section 1.
(2) In considering the rate at which to fund the expert service the Commission-
(a)must have regard to the rates set out in Section 1; and
(b)may require a number of quotes for provision of the service to be submitted to the Commission.
Meaning of exceptional circumstances in article 5(2)(e)(ii)
2. For the purposes of article 5(2)(e)(ii), exceptional circumstances are where 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.
General provisions relating to experts
3.-(1) The costs and expenses relating to experts listed at sub-paragraph (2) are not payable by the Commission as disbursements.
(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; and
(iv)a subsistence fee;
(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.
4. The maximum amount that the Commission may pay as a disbursement in respect of an expert's vehicle mileage is £0.45 per mile.
5. The maximum amount that the Commission may pay as a disbursement in respect of an expert's travel time is £40.00 per hour.
Article 5C
SCHEDULE 7Remuneration of barristers in independent practice
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 Commission) 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 Commission) in the Supreme Court | £225 |
| Noter/Pupil/2nd led junior counsel | £36" |
EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the Community Legal Service (Funding) Order 2007 (S.I.2007/2441) ("the 2007 Order"). It reduces the cap on the level of enhancements to hourly rates that can be paid to 100% for civil non-family proceedings in the higher courts and 50% for all other proceedings.
Schedule 1 (fees and rates payable for funded services) and Schedule 2 (fees and rates payable for advocacy services in certain family proceedings) of the 2007 Order, are replaced by new Schedules reducing the fees and rates payable by 10%.
The funding of expert services is brought within the ambit of the 2007 Order for the first time by the insertion of paragraph (e) into article 5(2) of the 2007 Order and the insertion of Schedule 6 into the 2007 Order. These provide for the fixed fees and hourly rates to be paid for the type of expert services listed in Schedule 6.
The insertion of article 5C and Schedule 7 into the 2007 Order provide for fixed rates to be payable to barristers in independent practice where funded services are provided under a certificate and where the services are not advocacy services in family proceedings to which article 5A of the 2007 Order applies.
Section 3 of Schedule 4 to the 2007 Order deals with the remuneration of advocacy services in family proceedings not dealt with elsewhere in the 2007 Order. Article 10 of this Order amends paragraph 77 of Schedule 4 to the 2007 Order to bring the remuneration in these cases in line with the reduction in fees being made elsewhere in the 2007 Order.
1999 c.22. The reference in section 6 to the Lord Chancellor was changed to the Secretary of State by S.I.2003/1887 and changed back to the Lord Chancellor by S.I. 2005/3429. Section 25(8A) was inserted by section 153 of the Coroners and Justice Act 2009 (c.25).
S.I.2007/2441, amended by S.I. 2008/1328, 2008/2704, 2009/2468, 2010/95 and 2011/1027.
S.I.2001/1077; amended by S.I. 2003/2590, 2005/184, 2114 and 3504, 2006/2364, 2007/2443 and 3169, 2008/666, 2009/1854 and revoked by S.I. 2011/1027.