Dear Judge
Legal Aid Family Fixed Fees
I write in respect of payment arrangements for Private Law Family work and all advocacy
payments to Solicitors and Counsel, which were introduced in May.
There are two schemes which apply to all Public Funding Certificates granted after the 9th
May 2011.
Private Family Law Representation Scheme
This scheme introduced payment of Fixed Fees for most Family Legal Aid work, including
Injunctions, Contact and Residence disputes, and Financial Remedies. I believe there may
be an impact on the Court in that the Financial Remedies payments are particularly poor,
and it is less likely that there will be practitioners undertaking this level of work, so there
may be an increase in litigants in person.
There will in due course, be a reduction in the number of bills to be assessed for payment,
because the Fixed Fees bills will be submitted directly to the Legal Services Commission.
Family Advocacy Scheme
As you will be aware, this scheme replaced the graduated fee scheme and is applicable to all
Advocates, whether Solicitors or Barristers. For the first time, Barristers and Solicitors are
fundamentally, paid the same rates, for undertaking the same work. Payments are by Fixed
Fee, and the scheme introduced the concept of "bolt-ons", whereas the previous scheme
recognised "SIPS" payments. All Advocates are required to have a form signed by the
conducting Judge, and I attach a copy of the information sheet for judges prepared by the
LSC.
The scheme applies to Care and Supervision proceedings, other Public Law cases, Private
Law Children proceedings, Finance cases, and Domestic Abuse cases. Please see the table
setting out the fees at appendix 1 to this letter.
The fee includes all preparation for a Hearing, travel to and waiting at Court, negotiations,
and time spent in advocacy itself.
Payment is made on the basis of advocacy "units".
a) Unit 1 is for Interim Hearings lasting up to 1 hour or less
b) Unit 2 is for Hearings lasting 1 hour, but less than, or equal to 2.5 hours
c) Unit 3 is for Final Hearing fees
If a Hearing exceeds 2.5 hours, multiples of Unit 2 fees will be paid, rounded up.
The calculation of the time is governed by Paragraph 7.126, of the 2010 Standard Civil
Contract, Family Specification.
Payment for Interim Hearings
7.126 The fee payable under FAS for an Interim Hearing depends on its length. For this
purpose the length of hearing is measured from the time that the hearing is listed at court to
start (or such earlier time as the court specifically directs the advocate to attend), to the time
that the hearing concludes; disregarding any period in which the court is adjourned, either
for lunch or overnight. Time spent when a hearing or resumed hearing is delayed because
the court is dealing with other business may however be taken into account. In the case of
an Interim Hearing taking place by telephone or video link, time only runs from the time the
call is made. If for an emergency hearing the court has not listed a time for the hearing or a
time for the advocate to attend and the papers were only issued by the court on the day of
the proposed hearing (so that the advocate must wait at court to be heard in the matter),
the length of the hearing may be measured from the time that the papers were issued.
7.127 The Payment Annex specifies fees as Hearing Unit 1 and 2. The fee payable for
advocacy at an Interim Hearing is as follows:
Length of Hearing
Fee
Up to 1 hour
Hearing Unit 1
More than 1 hour but less than 2.5 hours
Hearing Unit 2
Over 2.5 hours
A multiple of Hearing Unit 2 based on
the total length of the hearing in hours
divided by 2.5 and rounded up
Example: a complex Interim Hearing lasts five and a half hours in total, spread over two
days. As the length of hearing is more than twice the basic unit of 2.5 hours, the fee payable
is Hearing Unit 2 times three. Note that it is never possible to claim both Hearing Unit 1 and
2 for the same hearing or to claim multiples of Hearing Unit.
As can be seen, the clock starts running from the time that the Hearing is listed. The effect
of this is that Advocates are no longer be paid to attend Court early, in order to take
instructions and advise the client, negotiate with the other side, and attempt to narrow
issues and reach agreement.
The regulations provide for this, if the Court specifically directs the Advocates to attend
earlier than the commencement time of the Hearing.
I should therefore be grateful if you would kindly consider adopting a standard approach in
respect of cases, in order to ensure that Advocates attend in advance, and spend their time
usefully negotiating, narrowing issues, and reaching an agreed Order for presentation to the
Court. Such provision already applies in most Financial Dispute Resolution cases, and a
similar approach could be adopted in respect of the First Directions Appointment, where
Advocates could be requested to attend court an hour early. The time can also be used in
restricting and agreeing Questionnaires, refining and agreeing Statement of Issues,
negotiation on a settlement, and agreeing any proposed Order.
Similarly, in Children Act proceedings where a case is listed either for a First Directions
Appointment, Conciliation, or Review Hearing, a requirement for Advocates to attend 1
hour early, will enable the time to be usefully spent with the CAFCASS Officer, negotiating
and narrowing issues, and trying to reach an agreed Order. In particularly complex cases, an
earlier time to attend might be appropriate.
Applications other than the above can be assessed on their merits, but it is difficult to think
of any application in Family proceedings where it would not be beneficial to the
administration of justice, if the Advocates and Parties did not attend at least 30 minutes
before any Hearing.
I should therefore be grateful if you could give consideration to this request, and if agreed,
arrange for all standard Notices in Children Act Applications, Finance Applications, and
Injunction Proceedings, to be amended so that a standard clause appears in each Directions
Notice, or Order.
As can be seen from the Regulations, the time for stopping the clock will be "when the
Hearing concludes". Obviously, in many cases that will be where the Advocates leave the
Court Room, but may be later, when an Order is drafted and later approved by a Judge. In
such instances, Advocates may request that the Judge inserts the conclusion time on the
form, at the same time as approving any Consent Order.
I am more than happy to forward more detailed documentation, setting out the detail of the
scheme, and am willing to present an appropriately tailored version for the local judiciary, if
it is felt that this would assist.
Yours sincerely
Appendix 1
Public Law Advocacy Fees
Care and Supervision (excluding VAT)
Court
Hearing Hearing
Conference
Unit 1
Unit 2
fee
FPC
£96.35
£240.90
£141.90
Opinion fee
£117.40
Advocates’
meeting fee
£142.40
Final
hearing fee
£562.50
County
Court
£106.00
£264.95
£141.90
£117.40
£156.65
£618.75
High
Court
£127.20
£317.95
£141.90
£117.40
£188.00
£742.50
Opinion fee
Advocates’
meeting fee
Final
hearing fee
Other public law children (excluding VAT)
Court
Hearing
Hearing Conference
Unit 1
Unit 2
Fee
FPC
£84.25
£210.65
£141.90
£117.40
£142.40
£515.90
County
Court
£92.65
£231.70
£141.90
£117.40
£156.65
£567.50
High
Court
£111.20
£278.00
£141.90
£117.40
£188.00
£681.00
Exceptional travel and Court bundles
CB1
CB2
Interim hearing
£ 66.00
£ 99.00
Final hearing
£177.00
£266.00
Public law bolt on fees
Fee
CB3
Travel
£35.60
£354.00
£35.60
Payable for
Fee payable
Client allegations of harm
Hearings
25% of hearing unit fee
Client – lack of understanding
Hearings
25% of hearing unit fee
Experts cross examination
Hearings
25% of hearing unit fee
Exceptional travel
Hearings, Advocates Meetings £35.60
and conferences
Private Law Advocacy Fees
Children
Court
FPC
Hearing
Unit 1
£69.65
Hearing
Unit 2
£174.15
Conference
fee
£139.30
Opinion
fee
£104.50
Final
hearing fee
£441.15
County Court
£76.60
£191.55
£139.30
£104.50
£485.25
High Court
£91.95
£229.85
£139.30
£104.50
£582.30
Finance
Court
County
Court
High
Court
Hearing
Unit 1
£70.20
Hearing Unit FDR Hearing FDR
Hearing Settlement
2
Unit 1
Unit 2
fee
£175.50
£112.30
£280.80
£140.40
£84.25
£210.60
£134.80
£336.95
£168.50
CB2
CB3
Travel
Court
Conference Fee
Opinion fee
County Court
£140.40
£105.30
High Court
£140.40
£105.30
Final hearing fees
County Court
High Court
£493.00
£591.60
Exceptional travel and Court bundles
CB1
Interim hearing
£ 66.00
£ 99.00
n/a
£35.60
Final hearing
£177.00
£266.00
£354.00
£35.60
Private law bolt on fees
Fee
Client allegations of harm
Payable for
Hearings
Fee payable
25% of hearing unit fee
Experts cross examination
Hearings
20% of hearing unit fee
Exceptional travel
Hearings, Advocates Meetings and £35.60
conferences
Domestic abuse
Court
Hearing Unit 1
Hearing Unit 2
Final hearing fee
FPC
£90.55
£226.40
£401.30
County Court
£90.55
£226.40
£401.30
High Court
£90.55
£226.40
£401.30