The Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1992
S.I. 1992/596 · Made 9 March 1992
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
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 1 Column 2 Column 3 High Court County Court or Magistrates' Court ITEM 1Writing routine letters
£4.15 per item £3.60 per item 2Receiving routine letters
£2.05 per item £1.80 per item 3Routine telephone calls
£4.15 per item £3.60 per item 4All 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) 5Travelling and waiting time in connection with the above matters
£31.50 per hour £28.75 per hour PART II
conferences with counsel
6Attending counsel in conference
£36.50 per hour £32.00 per hour 7Travelling and waiting
£31.50 per hour £28.75 per hour PART III
attendances
8Attending 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 9Attending 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 10Travelling and waiting
£31.50 per hour £28.75 per hour PART IV
fees for junior counsel
11With a brief on an unopposed application for an injunction, orprocedural issue
Standard £87.00 £75.00 Maximum £144.00 £125.00 12With 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
Discretionary Discretionary 13For 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
Discretionary Discretionary 14Conference (including time reasonably spent in preparation andconference, but not otherwise remunerated)
Standard £20.00 per P hour Standard £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 item Standard £81.50 per item (b)All other written work
Standard £56.25 per item Standard £49.50 per item 16Except 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 expenses Standard £15.65 per hour036 expenses PART V
taxation and review of taxation (high court and county court only)
17Preparing the bill (where allowable) and completing the taxation(excluding preparing for and attending the taxation)
£31.50 — £88.00 £31.50 — £50.25 18Preparing for and attending the taxation (including travelling andwaiting)
Discretionary Discretionary 19Review by district judge or judge (including preparation)
Discretionary Discretionary SCHEDULE 2
PRESCRIBED FAMILY PROCEEDINGS
(a) High Court and county court proceedings
PART I
preparation
Column 1 Column 2 High Court Column 3 County Court High Court County Court ITEM 1Writing routine letters
£4.15 per item £3.60 per item 2Receiving routine letters
£2.05 per item £1.80 per item 3Routine telephone calls
£4.15 per item £3.60 per item 4All 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 5In addition to items 1—4 above, to cover the general careand conduct of the proceedings
+50% +50% 6Travelling and waiting time in connection with the above matters
£31.50 per hour £28.75 per hour PART II
conferences with counsel
7Attending counsel in conference
£36.50 per hour £32.00 per hour 8Travelling and waiting
£31.50 per hour £28.75 per hour PART III
attendances
9Attending 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 10Attending 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 11Travelling and waiting
£31.50 per hour £28.75 per hour PART IV
fees for junior counsel
12With a brief on an unopposed application for an injunction, orprocedural issue
Standard £87.00 £75.00 Maximum £144.00 £125.00 13With 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
Discretionary Discretionary 14For 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
Discretionary Discretionary 15Conference (including time reasonably spent in preparation andconference, but not otherwise remunerated)
Standard £20.00 per P hour Standard £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 item Standard £81.50 per item (b)All other written work
Standard £56.25 per item Standard £49.50 per item 17Except 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 expenses Standard £15.65 per hour036 expenses PART V
taxation and review of taxation
18Preparing the bill (where allowable) and completing the taxation(excluding preparing for and attending the taxation)
£31.50 — £88.00 £31.50 — £50.25 19Preparing for and attending the taxation (including travelling andwaiting)
Discretionary Discretionary 20Review by district judge or judge (including preparation)
Discretionary Discretionary (b) Magistrates' court proceedings
Class of work Rate 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%