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The Civil Legal Services (Remuneration) Order (Northern Ireland) 2015
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Article 9
SCHEDULE 3N.I.REPRESENTATION (LOWER COURTS)
This schedule has no associated Explanatory Memorandum
PART 1N.I.General
1. This Schedule applies to the determination of the remuneration payable to representatives for providing representation (lower courts).N.I.
2. Where the remuneration or fees properly chargeable for the representation including charges for disbursements exceed any contribution payable by the client to the solicitor under Part 3 of the Financial Regulations together with the value of any charge arising under Article 17(7) of the 2003 Order, [F1the representative shall submit a claim] to the Department requesting payment of the deficiency.N.I.
Textual Amendments
F1Words in Sch. 3 para. 2 substituted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 7(1)
3.—(1) The Department shall determine the claim submitted under Article 8 in accordance with the rates or fees set out in the relevant Table in Part 2 or 3 of this Schedule, as applicable, and pay the assessed deficiency, if any, to the [F2representative] .N.I.
(2) In this paragraph “assessed deficiency” means the amount by which the sum allowed to the representatives by the Department in assessing the claim under sub-paragraph (1) exceeds any contribution payable by the client to the solicitor under Part 3 of the Financial Regulations together with the value of any charge arising under Article 17(7) of the 2003 Order.
Textual Amendments
F2Word in Sch. 3 para. 3(1) substituted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 7(2)
[F34. In this Schedule, any reference to “Letters” or “letters” shall be taken to include reference to emails.N.I.
Textual Amendments
5. In respect of claims for costs made under Table 2 of Part 2 of this Schedule, a solicitor may claim for mileage only at the rate of 35.7p per mile. No claim shall be entertained for travel and waiting time.N.I.
Textual Amendments
6. In respect of claims for costs made under Table 5 of Part 2 of this Schedule, no claim shall be entertained for waiting time.N.I.
Textual Amendments
7. In respect of claims for costs made under Table 7 of Part 2 of this Schedule, travel time may be claimed by solicitors at the rate of £24.25 per hour and no claim shall be entertained for waiting time.N.I.
Textual Amendments
8. In respect of claims for costs made under Tables 1, 2, 3, 5, 8 and 10 in Part 3 of this Schedule, travel time may be claimed by solicitors at the rate of £24.25 per hour.N.I.
Textual Amendments
9. In respect of claims for costs made under Tables 3 and 5 only in Part 3 of this Schedule, waiting time may be claimed by solicitors at the rate of £24.25 per hour. No other claims for waiting time by solicitors shall be entertained for proceedings in Part 3 of this Schedule.N.I.
Textual Amendments
10. In respect of claims for costs made under Table 7 in Part 3 of this Schedule, a solicitor may claim for mileage only at the rate of 35.7p per mile. No claim shall be entertained for travel and waiting time.N.I.
Textual Amendments
11. Unless otherwise prescribed by this Schedule, travel and waiting time, where payable may be claimed by solicitors at the rate of £29.25 per hour and mileage, where payable may be claimed at the rate of 35.7p per mile for proceedings falling within this Schedule.N.I.
Textual Amendments
12. Unless otherwise prescribed by this Schedule, travel time, where payable may be claimed by authorised counsel at the rate of £12 per hour and mileage, where payable may be claimed at the rate of 35.7p per mile for proceedings falling within this Schedule.N.I.
Textual Amendments
13. For the proceedings listed in Part 2 of this Schedule, any claim by a solicitor for travelling and mileage to attend Court shall be from the solicitor’s office to which the certificate relates. Any claim by Counsel for travelling and mileage to attend Court shall be from the Bar Library, 91 Chichester Street Belfast BT1 3JQ.N.I.
Textual Amendments
14. For the proceedings listed in Part 3 of this Schedule, any claim by a solicitor for travelling and mileage to attend Court, Tribunal or hearing venue as applicable shall be from the solicitor’s office to which the certificate relates. Any claim by Counsel for travelling and mileage to attend Court, Tribunal or hearing venue shall be from the Bar Library, 91 Chichester Street Belfast BT1 3JQ.]N.I.
Textual Amendments
PART 2N.I.Family and Children Order Proceedings
Children (Northern Ireland) Order 1995 M1 [F4or Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989] N.I.
Solicitor's remuneration can be claimed on the basis of either Hourly Rates (Table 1) or Composite Fees (Table 2), at the election of the solicitor
Table 1:
Solicitor – Hourly Rates
| Work Type | Rate |
|---|---|
| [F5Consultation (other than with Counsel) and Preparation] | £58 per hour |
| Letters Written | £3.65 per item |
| Letters Received | £1.85 per item |
| Telephone Calls | £3.65 per call |
| Non Standard Telephone Call (over 5 minutes) | £58 per hour |
| Advocacy – Solicitor Alone | £64 per hour |
| Consultation with Counsel | £32.50 per hour |
| Advocacy – Solicitor attending Counsel | £32.50 per hour |
Table 2:
Solicitor – Composite Fees
| Work Type | Composite Fee |
|---|---|
| Private Law | £250 |
| Public Law | £400 |
Table 3:
Counsel – Composite Fees
| Work Type | Composite Fee |
|---|---|
| On an unopposed application or a procedural issue | Standard £76.25 Maximum £127 |
| On the trial of a cause or matter, or the hearing of an application: | |
| -Where the hearing lasts for up to half a day | Standard £140 Maximum £268 |
| - Full Day | Standard £317.75 Maximum £508.50 |
| -Refresher | £140 for each additional day |
| [F6Consultation and Preparation] | £35.50 per hour |
| Complex items of work (opinion, affidavits) | £82.75 per item |
| All other written work | £50.25 per item |
Textual Amendments
F4Words in Sch. 3 Pt. 2 inserted (11.10.2016) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/336), arts. 1, 3
F5Words in Sch. 3 Pt. 2 Table 1 substituted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 7(5)
F6Words in Sch. 3 Pt. 2 Table 3 substituted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 7(4)
Marginal Citations
The Family Homes and Domestic Violence (Northern Ireland) Order 1998 M2N.I.
Solicitor's remuneration can be claimed on the basis of either Hourly Rates (Table 4) or Composite Fees (Table 5), at the election of the solicitor
Table 4:
Solicitor – Hourly Rates
| Work Type | Rate |
|---|---|
| [F7Consultation (other than with Counsel) and Preparation] | £58 per hour |
| Letters Written | £3.65 per item |
| Letters Received | £1.85 per item |
| Telephone Calls | £3.65 per call |
| Non Standard Telephone Call (over 5 minutes) | £58 per hour |
| Advocacy – Solicitor Alone | £64 per hour |
| Consultation with Counsel | £32.50 per hour |
| Advocacy – Solicitor attending Counsel | £32.50 per hour |
Table 5:
Solicitor – Composite Fees
| Work Type | Composite Fee |
|---|---|
| Non-Molestation Order | £352 |
| Occupation Order | £352 |
| Non-Molestation/Occupation application withdrawn with undertakings | £352 |
| Non-Molestation and Occupation Order | £416 |
| Second Hearing – Contested | £192 |
| Second Hearing – Uncontested | £96 |
| Variation/Discharges – Contested | £352 |
| Variation/Discharges – Uncontested | £192 |
| Adjournments | £30 |
| Nominal Adjournment Fee – no court attendance | £15 |
| Withdrawn | £30 |
| Summons not served | £30 |
| Letters Written | £3.65 per item |
| Letters Received | £1.85 per item |
| Telephone Calls | £3.65 per call |
| Non-routine telephone calls in excess of 5 minutes | £58 per hour |
Table 6:
Counsel – Composite Fees
| Work Type | Composite Fee |
|---|---|
| On an unopposed application or a procedural issue | Standard £76.25 Maximum £127 |
| On the trial of a cause or matter, or the hearing of an application: | |
| - Where the hearing lasts for up to half a day | Standard £140 Maximum £268 |
| - Full Day | Standard £317.75 Maximum £508.50 |
| - Refresher | £140 for each additional day |
| [F8Consultation and Preparation] | £35.50 per hour |
| Complex items of work (opinion, affidavits) | £82.75 per item |
| All other written work | £50.25 per item |
Textual Amendments
F7Words in Sch. 3 Pt. 2 Table 4 substituted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 7(5)
F8Words in Sch. 3 Pt. 2 Table 6 substituted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 7(4)
Marginal Citations
Domestic Proceedings (Northern Ireland) Order 1980
M3Table 7:
Solicitor – Composite Fees
| Work Type | Composite Fee |
|---|---|
| Separation and Maintenance | £140 |
| Variation of Maintenance | £83.50 |
| Case withdrawn at any stage before hearing and up to strikeout | £66 |
| Part Hearings | £29 |
| Adjourned Hearings: | |
| - less than 20 minutes | £15.50 |
| - in excess of 20 minutes | £29 |
| Nominal Adjournment Fee – no court attendance | £12 |
| Dismissed Cases | £124.50 |
| Letters and telephone calls (not included in the basic fee) | £3.35 per item |
| Discontinued cases (no proceedings issued) | |
| - advice less than one hour | £45 |
| - advice of one hour | £50 |
| - advice in excess of one hour | £55 |
Table 8:
Counsel – Composite Fees
| Work Type | Composite Fee |
|---|---|
| On an unopposed application or a procedural issue | Standard £76.25 Maximum £127 |
| On the trial of a cause or matter, or the hearing of an application: | |
| - Where the hearing lasts for up to half a day | Standard £140 Maximum £268 |
| - Full Day | Standard £317.75 Maximum £508.50 |
| - Refresher | £140 for each additional day |
| [F9Consultation and Preparation] | £35.50 per hour |
| Complex items of work (opinions, affidavits) | £82.50 per hour |
| All other written work | £50.25 per item |
Textual Amendments
F9Words in Sch. 3 Pt. 2 Table 8 substituted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 7(4)
Marginal Citations
PART 3N.I.Other Proceedings
Police and Criminal Evidence (Northern Ireland) Order 1989M4 and Terrorism Act 2000
Proceedings before the Mental Health Review Tribunal
Table 2:
Solicitor – Composite Fees
| Work Type | Composite Fee |
|---|---|
| Preparation and Negotiation | £330 |
| Representation at Tribunal | £370 (per half day, or part thereof) |
| Adjourned Hearing | £76.25 |
Hearings held under Article 10 or 11 of the Life Sentences (Northern Ireland) Order 2001
M6Table 3:
Solicitor – Hourly Rate
1 If additional hours are authorised by the Department, they are payable at the same rate. | |
| Work Type | Solicitor |
|---|---|
| Hourly fees for all work | £100 per hour up to a maximum fee of £8001 |
Table 4:
Counsel – Composite Fees
| Work Type | Junior Counsel | Senior Counsel |
|---|---|---|
| Composite fee | £2,666 | £4,000 |
Marginal Citations
Other hearings before the Parole Commissioners
Table 5:
Solicitor – Hourly Rate
1 If additional hours are authorised by the Department, they are payable at the same rate. | |
| Work Type | Solicitor |
|---|---|
| Hourly fees for all work | £100 per hour up to a maximum fee of £8001 |
Table 6:
Counsel – Composite Fees
| Work Type | Junior Counsel | Senior Counsel |
|---|---|---|
| Composite Fee | £3,000 | £4,500 |
Oral hearing before the Parole Commissioners under the Criminal Justice (Northern Ireland) Order 2008
Marginal Citations
Proceedings under sections 295, 297, 298, 301 or 302 of the Proceeds of Crime Act 2002
Table 8:
Solicitor – Composite Fees
1 The Composite Fee will remunerate a solicitor for all work associated with the particular case, excluding disbursements and VAT. The fee is taken to include up to the first 7 letters and telephone calls under 5 minutes. Any further letters or telephone calls can be claimed in addition to the composite fee provided they are itemised. | |
| Work Type | Composite Fee |
|---|---|
| Composite Fee | £3521 |
| Second Hearing | £192 |
| Adjournment | £30 |
| Nominal Adjournment Fee – no court attendance | £15.50 |
| Withdrawn | £30 |
| Letters and telephone calls | £3.65 per item / call |
| [F10Non routine telephone calls (over 5 minutes)] | £58 per hour |
Table 9:
Counsel – Composite Fees
| Work Type | Composite Fee |
|---|---|
| On the trial of a cause or matter, or the hearing of an application | |
| – Where the hearing lasts for up to half a day | Standard £140 Maximum £268 |
| – Full Day | Standard £317.75 Maximum £508.50 |
| Part Hearing (standard) | £76.25 |
| Part Hearing (maximum) | £127 |
| Refresher | £140 for each additional day |
| [F11Consultation and Preparation] | £35.50 per hour |
| Complex items of work (opinions, affidavit) | £82.75 per item |
| All other written work | £50.25 per item |
Textual Amendments
F10Words in Sch. 3 Pt. 3 Table 8 substituted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 7(6)
F11Words in Sch. 3 Pt. 3 Table 9 substituted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 7(7)
Proceedings regarding an order under sections 89, 90, 97, 100, 104, 108, 109, 114, 118, 123, 125 or 126 of the Sexual Offences Act 2003M8 and Proceedings under Articles 3 and 4 of the Anti-social Behaviour (Northern Ireland) Order 2004[F12Proceedings before the Care Tribunal under Article 11, 12, 42 or 43 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 or regulation 10 of the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007 Proceedings under Part 13A of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995][F13Proceedings under paragraph 2, 6 or 7 of Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 Proceedings under section 57, 60 or 61 of the Justice Act (Northern Ireland) 2015]
Textual Amendments
F12Words in Sch. 3 Pt. 3 inserted (11.10.2016) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/336), arts. 1, 4
F13Words in Sch. 3 Pt. 3 inserted (1.12.2016) by The Civil Legal Services (Remuneration) (Amendment) (No. 2) Order (Northern Ireland) 2016 (S.R. 2016/396), arts. 1, 3
Marginal Citations
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