Paragraph 14 Allowing fees at more than the prescribed ratesF1

(1)

This paragraph applies to representation by a litigator—

(a)

in a magistrates’ court;

(b)

in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court;

(c)

in the youth court;

(d)

in proceedings prescribed as criminal proceedings under section 14(h) of the Act in the High Court, the family court or a county court.

(2)

Where this paragraph applies, the appropriate officer may allow fees at more than the prescribed rate, where it appears to the appropriate officer, taking into account all the relevant circumstances of the case, that—

(a)

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

(b)

the work was done with exceptional despatch; or

(c)

the case involved exceptional complexity or other exceptional circumstances.

(3)

Where the appropriate officer considers that any item or class of work should be allowed at more than the prescribed rate, the appropriate officer must apply to that item or class of work a percentage enhancement in accordance with the following provisions of this paragraph.

(4)

In determining the percentage by which fees should be enhanced above the prescribed rate, the appropriate officer must have regard to—

(a)

the degree of responsibility accepted by the fee earner;

(b)

the care, speed and economy with which the case was prepared; and

(c)

the novelty, weight and complexity of the case.

(5)

The percentage above the relevant prescribed rate by which fees for work may be enhanced must not exceed 100%.

(6)

The appropriate officer may have regard to the generality of proceedings to which these Regulations apply in determining what is exceptional within the meaning of this paragraph.

(7)

Fees paid at more than the prescribed rate under this paragraph are subject to any Upper Limits which apply to the relevant Unit of Work.

(8)

In this paragraph, “prescribed rate” means a prescribed hourly rate or unit fee for routine letters written and telephone calls per item.

Annotations

Textual amendments

F1: Sch. 4 paras. 13, 14 inserted (22.12.2025) by The Criminal Legal Aid (General and Remuneration) (Amendment) Regulations 2025 (S.I. 2025/1251), reg. 2(1), Sch. 2 para. 13 (with reg. 5)