| | Is all work paid by standard fee?
|
| Page 4 | | No, the methods of payment are charted on page 4. |
| 7.69-7.73 | | Note exclusions to the Private Family Law Representation Higher Standard Fee Scheme |
| 7.102-7.110 | | Note exclusions from the Family Advocacy Scheme |
| | | |
| | | Disbursements and VAT |
| 7.5 | | All fees are payable exclusive of VAT and disbursements. |
| | | |
| | | Costs' limitations |
| | | These will continue to apply. |
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7.15-17 | | Changes of provider (general provisions) |
| 7.44 | | Remuneration on transfer of provider in care proceedings |
| 7.91-2 | | Remuneration on transfer of provider in private law proceedings |
| | | |
| | | Changes to Public Law Fees
|
Payment Annex
7.46
7.129 | | Level 3 fees have been reduced by 10% to fund the preparation element of the Family Advocacy Scheme. The time actually spent on preparation for advocacy cannot be used to calculate escape from the Level 3 standard fee except in the event of cancelled hearings. |
| | | |
| | | Private Family Law Representation Higher Standard Fee Scheme
|
7.54 onwards | | In addition to the existing Legal Help (Level 1) and Family Help Lower (Level 2) there is now a Higher Standard Fee Scheme comprising Family Help Higher (Level 3) and Legal Representation (Level 4) for non-excluded work. These new schemes provide a standard fee per category of case, ie children, finance, domestic violence replacing hourly rates and are on a national basis with London uplift. |
| | | |
7.81-7.83 | | Escape is complicated and these sections of the Family Specification should be studied. The threshold is reached if the hourly rates are three times the standard fee, but if the certificate covers Level 3 and 4, escape will be three times the aggregate of both fees. |
| | | |
| 7.58 | | Proceeding from Level 1 to Level 2 |
| | | It appears that a second face to face meeting is no longer necessary. |
| | | |
| 7.65 | | Separate settlement fees for children and finance can be claimed if the conditions (a) to (e) are satisfied but can be reclaimed by the LSC pursuant to (b). |
| | | |
| | | Proceeding from Level 2 to Level 3 |
| 7.67 | | The application should only be made when it becomes necessary to issue proceedings other than for the purpose of a consent order or in the case of a respondent such proceedings have been issued. |
| | | |
| | | Proceeding from Level 3 to Level 4 |
| 7.78 | | You may only apply when any interim hearings have taken place and when the next step is to prepare for the final hearing. |
| | | |
| | | Are there settlement fees? |
| 7.87 | | In addition to the existing settlement fees at Level 2 for finance and children, there is a settlement fee at Level 3 for finance cases only, if certain conditions are satisfied. |
| | | |
| | | Enforcement proceedings |
| 7.88-90 | | There are separate fees for enforcement proceedings but DV committals are covered by 7.85-6. |
| | | |
| 7.93-4 | | Casework for appeals is generally excluded from the standard fee scheme but there are exceptions |
| | | |
| 7.95 onwards | | The Family Advocacy Scheme |
| Payment Annex | | The same fees are payable to solicitors and barristers and include payment for preparation, travelling (unless exceptional 7.149), and waiting. Some categories of work are excluded from FAS: 7.102-110. |
| | | |
| 7.132 | | Conference and opinion fees are payable only to barristers and self-employed solicitor advocates, not in-house advocates. |
| | | |
| Payment Annex | | There are different fees for care and supervision, other public law children which includes adoption, children, finance and domestic abuse. |
| | | |
| | | Interim hearings |
| 7.126-7 | | The fees are based on the length of the hearing so there are no escapes. Hearing Unit 1 covers work up to 1 hour; Hearing Unit 2 covers work over an hour but less than 2.5 hours. There is a further calculation for work in excess of 2.5 hours. |
| | | |
| 7.126 | | The hearing time is calculated to commence when the matter is listed at court, or such earlier time as the advocates are directed to attend, and finishes when the hearing concludes. There is provision for emergency hearings. |
| | | |
| | | Adjournments |
| 7.126 | | Periods when the court is adjourned either for lunch or overnight are disregarded but delay because the court is dealing with other business may be taken into account. |
| | | |
7.130-1 | | Advocates' meetings |
| | | A separate standard fee is payable. |
| | | |
7.128 | | Final hearings |
| | | The fee is payable for each day of the final hearing, regardless of length. |
| | | |
7.129 | | Cancelled hearings |
| | | Only barristers may claim fees for cancelled hearings. |
| | | |
| 7.137-50 | | Bolt-on fees |
| | | |
| | | Private law |
| 7.140 | | 25% of the unit fee when acting for someone against whom an allegation of significant harm is made. |
| | | |
| 7.150 | | 25% of the unit fee to all advocates when an expert has to be substantially challenged in court. |
| | | |
| 7.149 | | £35.60 travel supplement when the journey one way exceeds 25 miles for all hearings including Advocates' Meetings. |
| | | |
| 7.143 | | A specific fee (see payment annexe) for lengthy Court Bundles, excluding Domestic Abuse. |
| | | |
| 7.147 | | In finance cases, an Early Resolution Fee can be claimed if the matter is settled at the First Appointment or Financial Dispute Resolution. |
| | | |
| | | Bolt-ons in public law |
| 7.142 | | Save for the finance resolution fee, all the above bolt-ons are available in public law cases but there is a further bolt – on for public law only |
| | | |
| 7.155 | | When you client has difficulty giving instructions |
| | | |
| 7.151 onwards | | Family Service Standards |
| | | |
| 7.155 | | Family Appointment Standards |
| | | You must offer a first appointment to the client within 48 hours in emergency cases or within 10 working days in other cases. |
| | | |
| | | Other contractual requirements include: |
| 7.151 | | Supervisors' legal competence standard – note ratio 1:6 |
| 7.154 | | Referral to local support services |
| 7.157 | | Public law certificates – minimum volume |
| 7.158-62 | | Separate matter types |
| 7.163 | | Use of counsel |
| 7.168 | | Recovery of costs |
| 7.169 | | Experts working with children |
| 7.170 | | Applying for a criminal representation order in family proceedings |
| 7.173 | | Independent social work |
| 7.175 | | Contact related activities |