Paragraph 3 Determination of litigators’ fees

(1)

The appropriate officer may allow work done in the following classes by fee earners—

(a)

preparation, including taking instructions, interviewing witnesses, ascertaining the prosecution case, advising on plea and mode of trial, preparing and perusing documents, dealing with letters and telephone calls which are not routine, preparing for advocacy, instructing an advocate and expert witnesses, conferences, consultations, views and work done in connection with advice on appeal;

(b)

advocacy, including applications for bail and other applications to the court;

(c)

attending at court where an advocate is assigned, including conferences with the advocate at court;

(d)

travelling and waiting; and

(e)

writing routine letters and dealing with routine telephone calls.

(2)

The appropriate officer must consider the claim, any further information or documents submitted by the fee earner under paragraph 2 and any other relevant information and must allow—

(a)

such work as appears to him to have been reasonably done under the representation order (including any representation or advice which is deemed to be work done under that order) by a fee earner, classifying such work according to the classes specified in sub-paragraph (1) as he considers appropriate; and

(b)

such time in each class of work allowed by him (other than routine letters written and routine telephone calls) as he considers reasonable.

(3)

The fees allowed in accordance with this Schedule are those appropriate to such of the following grades of litigator as the appropriate officer considers reasonable—

(a)

senior solicitor;

(b)

solicitor, legal executive or fee earner of equivalent experience; or

(c)

trainee or fee earner of equivalent experience.