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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 2001 No. 830 URL: http://www.bailii.org/uk/legis/num_reg/2001/20010830.html |
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| Made | 8th March 2001 | ||
| Laid before Parliament | 9th March 2001 | ||
| Coming into force | 2nd April 2001 |
4.
- (1) In regulation 3(4)(bb) -
(2) In regulation 3(4)(c)(iii), the words after "circumstances of the case" shall be deleted.
(3) After regulation 3(4) there shall be inserted -
(4B) Paragraph (4A) shall not apply in relation to any item if, but for that paragraph, the relevant authority would, in accordance with regulation 3(4)(c), have allowed a lower amount for that item than the one in Part I, II, III or V of Schedule 1A or 2A(a).".
(4) In regulation 3(8) for "R.S.C., Order 62" there shall be substituted "Parts 43 to 48 of the Civil Procedure Rules 1998".
(5) After regulation 3(8) there shall be inserted -
(b) "proceedings relating to children" means proceedings in which the welfare of children is determined, including, without limitation, proceedings under the Children Act 1989[4] or under the inherent jurisdiction of the High Court in relation to children.".
5.
In Part V of Schedules 1 and 2 -
6.
- (1) For Parts I to III of Schedule 1A there shall be substituted -
| Column 1 | Column 2 | Column 3 |
| High Court | County court or magistrates' court | |
| ITEM | ||
| 1. Writing routine letters | £4.70 per item | £4.10 per item |
| 2. Receiving routine letters | £2.35 per item | £2.05 per item |
| 3. Routine telephone calls | £4.70 per item | £4.10 per item |
| 4. All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties; obtaining evidence; preparation and consideration of, and dealing with, documents, negotiations and notices; dealing with letters written and received and telephone calls which are not routine |
£73.15 per hour (£77.85 per hour for a fee-earner whose office is situated in the Legal Services Commission's London Region) |
£64.90 per hour (£68.20 per hour for a fee-earner whose office is situated in the Legal Services Commission's London Region) |
| 5. Travelling and waiting | £35.75 per hour | £32.45 per hour |
| Column 1 | Column 2 | Column 3 |
| High Court | County court or magistrates' court | |
| 6. Attending with counsel in conference | £41.25 per hour | £36.30 per hour |
| 7. Travelling and waiting | £35.75 per hour | £32.45 per hour |
| Column 1 | Column 2 | Column 3 |
| High Court | County court or magistrates' court | |
| 8. Attending with counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment | £41.25 per hour | £36.30 per hour |
| 9. Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment |
£73.15 per hour (£77.85 per hour for a fee-earner whose office is situated in the Legal Services Commission's London Region) |
£64.90 per hour (£68.20 per hour for a fee-earner whose office is situated in the Legal Services Commission's London Region) |
| 10. Travelling and waiting | £35.75 per hour | £32.45 per hour". |
(2) For Part V of Schedule 1A there shall be substituted -
| Column 1 | Column 2 | Column 3 |
| High Court | County court | |
| 17. Preparing the bill (where allowable) and completing the detailed assessment (excluding preparing for and attending the hearing of the detailed assessment) | £35.75-£99.85 per hour | £35.75-£56.95 per hour |
| 18. Preparing for and attending the hearing of the detailed assessment (including travelling and waiting) | Discretionary | Discretionary |
| 19. Appeal to costs judge, district judge or judge (including preparation) | Discretionary | Discretionary". |
7.
- (1) For Schedule 2A there shall be substituted -
| Column 1 | Column 2 | Column 3 |
| High Court | County court | |
| 1. Writing routine letters | £7.05 per item | £6.15 per item |
| 2. Receiving routine letters | £3.50 per item | £3.10 per item |
| 3. Routine telephone calls | £7.05 per item | £6.15 per item |
| 4. All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties; obtaining evidence; preparation and consideration of, and dealing with, documents, negotiations and notices; dealing with letters written and received and telephone calls which are not routine |
Where proceedings were conducted in the divorce registry or in another court on the South Eastern Circuit at the time when the relevant work was done: £78.40 per hour All other circuits: £73.05 per hour |
Where proceedings were conducted in the divorce registry or in another court on the South Eastern Circuit at the time when the relevant work was done: £68.50 per hour All other circuits: £64.80 per hour |
| 6. Travelling and waiting time in connection with the above matters | £35.75 per hour | £32.45 per hour |
| Column 1 | Column 2 | Column 3 |
| High Court | County court | |
| 7. Attending counsel in conference | £41.25 per hour | £36.30 per hour |
| 8. Travelling and waiting | £35.75 per hour | £32.45 per hour |
| Column 1 | Column 2 | Column 3 |
| High Court | County court | |
| 9. Attending with counsel at the trial or hearing of any cause or hearing of any summons or other application at court, or other appointment | £41.25 per hour | £36.30 per hour |
| 10. Attending without counsel at the trial or hearings of any cause or the hearing of any summons or other application at court, or other appointment |
Where proceedings were conducted in the divorce registry or in another court on the South Eastern Circuit at the time when the relevant work was done: £78.40 per hour All other circuits: £73.05 per hour |
Where proceedings were conducted in the divorce registry or in another court on the South Eastern Circuit at the time when the relevant work was done: £68.50 per hour All other circuits: £68.80 per hour |
| 11. Travelling and waiting | £35.75 per hour | £32.45 per hour |
| Column 1 | Column 2 | Column 3 |
| High Court | County court | |
| 18. Preparing the bill (where allowable) and completing the detailed assessment (excluding preparing for and attending the hearing of the detailed assessment) | £35.70-£99.85 per hour | £35.70-£56.95 per hour |
| 19. Preparing for and attending the hearing of the detailed assessment (including travelling and waiting) | Discretionary | Discretionary |
| 20. Appeal to costs judge, district judge or judge (including preparation) | Discretionary | Discretionary |
| Preparation | £48.95 per hour - (£52.25 per hour for a fee-earner whose office is situated in the Legal Services Commission's London Region) |
| Advocacy | £61.90 per hour |
| Attendance at court where counsel assigned | £33.30 per hour |
| Travelling and waiting | £27.50 per hour |
| Routine letters written and telephone calls | £3.80 per item - (£4.00 per item for a fee-earner whose office is situated in the Legal Services Commission's London Region)". |
Signed by authority of the Lord Chancellor
David Lock
Parliamentary Secretary, Lord Chancellor's Department
Dated 8th March 2001
We consent,
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty's Treasury
Dated 8th March 2001
[2] S.I. 1991/2038; the relevant amending instruments are S.I. 1996/650 and 1555 and 1997/2394.back
