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The Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1992

S.I. 1992/596 · Made 9 March 1992

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL AID AND ADVICE, ENGLAND AND WALES

Made 9th March 1992

Laid before Parliament 11th March 1992

Coming into force 1st April 1992

The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988f1, having had regard to the matters specified in section 34(9) and consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1988 c. 34; section 43 is an interpretation provision and is cited because of the meaning assigned to the word “regulations”; section 34 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 63.

Contents

  1. 1Regulation 1
  2. 2Regulation 2
  3. Signature
  4. Explanatory note

1

These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.

2

For the Schedules to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991f1 there shall be substituted, in respect of work done onor after 1st April 1992, the following new Schedules—

SCHEDULE 1

CARE PROCEEDINGS

PART 1

PREPARATION

Column 1Column 2Column 3
High CourtCounty Court or Magistrates' Court
ITEM
1

Writing routine letters

£4.15 per item£3.60 per item
2

Receiving routine letters

£2.05 per item£1.80 per item
3

Routine telephone calls

£4.15 per item£3.60 per item
4

All other preparation work including any work which was reasonablydone arising out of or incidental to the proceedings, interviews withclient, witnesses, and other parties; obtaining evidence; preparationand consideration of, and dealing with, documents, negotiations andnotices; dealing with letters written and received and telephone callswhich are not routine

£64.50 per hour (£68.75 per hour£57.25 per hour £60.25 per hour
for a fee-earner whose office is situated within legal aid area 1)
5

Travelling and waiting time in connection with the above matters

£31.50 per hour£28.75 per hour

PART II

conferences with counsel

6

Attending counsel in conference

£36.50 per hour£32.00 per hour
7

Travelling and waiting

£31.50 per hour£28.75 per hour

PART III

attendances

8

Attending with counsel at the trial or hearing of any cause or thehearing of any summons or other application at court, or otherappointment

£36.50 per hour£32.00 per hour
9

Attending without counsel at the trial or hearing of any cause orthe hearing of any summons or other application at court, or otherappointment

£63.00 per hour£63.00 per hour
10

Travelling and waiting

£31.50 per hour£28.75 per hour

PART IV

fees for junior counsel

11

With a brief on an unopposed application for an injunction, orprocedural issue

Standard £87.00£75.00
Maximum £144.00£125.00
12

With a brief on the trial of a cause or matter or on the hearing ofan application where the hearing lasts for

(a)

one hour

Standard £131.50£112.50
Maximum £264.00£225.00
(b)

a half day

Standard £182.00£157.00
Maximum £300.00£264.00
(c)

a full day

Standard £363.00£313.00
Maximum £576.00£501.00
(d)

more than a full day

DiscretionaryDiscretionary
13

For each day or part of a day on which the trial of a cause ormatter, or the hearing of an ancillary application, or a childrenappointment, is continued after the first day

DiscretionaryDiscretionary
14

Conference (including time reasonably spent in preparation andconference, but not otherwise remunerated)

Standard £20.00 per P hourStandard £17.50 per P hour
15
(a)

Complex items of written work (such as advices on evidence, opinionsand affidavits of a substantial nature, requests for particulars oranswers)

Standard £94.75 per itemStandard £81.50 per item
(b)

All other written work

Standard £56.25 per itemStandard £49.50 per item
16

Except where the court is within 40kilometres of Charing Cross orwhere there is no local Bar in the court town, or within 40kilometresthereof, for travelling time

Standard £18.25 per hour036 expensesStandard £15.65 per hour036 expenses

PART V

taxation and review of taxation (high court and county court only)

17

Preparing the bill (where allowable) and completing the taxation(excluding preparing for and attending the taxation)

£31.50 — £88.00£31.50 — £50.25
18

Preparing for and attending the taxation (including travelling andwaiting)

DiscretionaryDiscretionary
19

Review by district judge or judge (including preparation)

DiscretionaryDiscretionary

SCHEDULE 2

PRESCRIBED FAMILY PROCEEDINGS

(a) High Court and county court proceedings

PART I

preparation

Column 1Column 2 High CourtColumn 3 County Court
High CourtCounty Court
ITEM
1

Writing routine letters

£4.15 per item£3.60 per item
2

Receiving routine letters

£2.05 per item£1.80 per item
3

Routine telephone calls

£4.15 per item£3.60 per item
4

All other preparation work including any work which was reasonablydone arising out of or incidental to the proceedings, interviews withclient, witnesses, and other parties; obtaining evidence; preparationand consideration of, and dealing with, documents, negotiations andnotices; dealing with letters written and received and telephone callswhich are not routine

Where the proceedings were conducted in the divorceregistry or in another court on the South-Eastern Circuit at the timewhen the relevant work was done:
£46.00 per hour£40.25 per hour
All other circuits:
£43.00 per hour£38.20 per hour
5

In addition to items 1—4 above, to cover the general careand conduct of the proceedings

+50%+50%
6

Travelling and waiting time in connection with the above matters

£31.50 per hour£28.75 per hour

PART II

conferences with counsel

7

Attending counsel in conference

£36.50 per hour£32.00 per hour
8

Travelling and waiting

£31.50 per hour£28.75 per hour

PART III

attendances

9

Attending with counsel at the trial or hearing of any cause or thehearing of any summons or other application at court, or otherappointment

£36.50 per hour£32.00 per hour
10

Attending without counsel at the trial or hearing of any cause orthe hearing of any summons or other application at court, or otherappointment

£55.00 per hour£52.00 per hour
11

Travelling and waiting

£31.50 per hour£28.75 per hour

PART IV

fees for junior counsel

12

With a brief on an unopposed application for an injunction, orprocedural issue

Standard £87.00£75.00
Maximum £144.00£125.00
13

With a brief on the trial of a cause or matter or on the hearing ofan ancillary application or on a children appointment where the hearinglasts for

(a)

one hour

Standard £131.50£112.50
Maximum £264.00£225.00
(b)

a half day

Standard £182.00£157.00
Maximum £300.00£264.00
(c)

a full day

Standard £363.00£313.00
Maximum £576.00£501.00
(d)

more than a full day

DiscretionaryDiscretionary
14

For each day or part of a day on which the trial of a cause ormatter, or the hearing of an ancillary application, or a childrenappointment, is continued after the first day

DiscretionaryDiscretionary
15

Conference (including time reasonably spent in preparation andconference, but not otherwise remunerated)

Standard £20.00 per P hourStandard £17.50 per P hour
16
(a)

Complex items of written work (such as advices on evidence, opinionsand affidavits of a substantial nature, requests for particulars oranswers)

Standard £94.75 per itemStandard £81.50 per item
(b)

All other written work

Standard £56.25 per itemStandard £49.50 per item
17

Except where the court is within 40kilometres of Charing Cross orwhere there is no local Bar in the court town, or within 40kilometresthereof, for travelling time

Standard £18.25 per hour036 expensesStandard £15.65 per hour036 expenses

PART V

taxation and review of taxation

18

Preparing the bill (where allowable) and completing the taxation(excluding preparing for and attending the taxation)

£31.50 — £88.00£31.50 — £50.25
19

Preparing for and attending the taxation (including travelling andwaiting)

DiscretionaryDiscretionary
20

Review by district judge or judge (including preparation)

DiscretionaryDiscretionary

(b) Magistrates' court proceedings

Class of workRate
Preparation£43.25 per hour—(£46.00 per hour for a fee-earner whoseoffice is situated within legal aid area 1)
Advocacy£54.50 per hour
Attendance at court where counsel assigned£29.50 per hour
Travelling and waiting£24.25 per hour
Routine letters written and routine telephone£3.35 per item—(£3.50 per item for a fee-earner whoseoffice is situated within legal aid area 1)

Signature

Mackay of Clashfern, C.

Dated 6th March 1992

We consent,

Gregory Knight

Irvine Patnick

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 9th March 1992

Explanatory note

(This note is not part of the Regulations)

These Regulations increase the rates of remuneration for work done under a legal aid certificate in family proceedings to which prescribed rates apply by an overall 3%