The Community Legal Service (Financial) Regulations 2000

Calculation of the statutory charge

43.—(1) Subject to paragraphs (3) and (4), where any money or property is recovered for a client in a relevant dispute or proceedings, the amount of the statutory charge shall be the aggregate of the sums referred to in section 10(7)(a) and (b) of the Act.

(2) For the purposes of this regulation:

(a) the sum referred to in section 10(7)(a) shall be defined in accordance with regulation 40(2) to (4), less any contribution paid by the client;

(b) the sum referred to in section 10(7)(b) shall include:

(i) any interest payable under regulation 52; and

(ii) any sum which the client has agreed to pay only in specific circumstances under section 10(2)(c) of the Act, including that proportion of any success fee payable by a client in receipt of Litigation Support which he has agreed should be payable to the Commission under the terms of a conditional fee agreement.

(3) Subject to paragraph (4), the amount of the charge created by section 10(7) of the Act shall not include sums expended by the Commission in funding any of the following services:

(a) Legal Help;

(b) Help at Court;

(c) Family Mediation; or

(d) Help with Mediation.

(4) Paragraph (3)(a) and (b) does not apply where the funded services are given in relation to family, clinical negligence or personal injury proceedings or a dispute which may give rise to such proceedings.