Access To Justice Citation and commencement 1 This Order may be cited as the Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 and shall come into operation on 1st July 2019. Amendments to the Civil Legal Services (Remuneration) Order (Northern Ireland) 2015 2 The Civil Legal Services (Remuneration) Order (Northern Ireland) 2015 is amended as follows. 3 In Article 6— 1 in paragraph (3)— a for sub-paragraph (b), substitute— b subject to paragraph (3A), the total liability for such disbursement exceeds £500; and ; b in sub-paragraph (c), for “discharged”, substitute “incurred”; 2 following paragraph (3), insert— 3A For the purposes of this Article, where a liability has been incurred as a result of the joint instruction of an expert, sub-paragraph (3)(b) shall be deemed to be satisfied provided that the total cost as between those jointly instructing that expert exceeds £500. ; 3 in paragraphs (10) and (11), for “solicitor”, substitute “representative”. 4 In Article 8─ 1 omit paragraph (3); 2 in paragraphs (4), (7) and (8) for “solicitor”, substitute “representative”. 5 In Article 9(1), for “solicitor”, substitute “representative”. 6 In Schedule 2— 1 after paragraph 3(2) in Part 1, insert— 3 In respect of any claims for costs made for work done under Tables 2 and 3 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. 4 Unless otherwise prescribed by this Schedule, travel and waiting time may be claimed at the rate of £24.25 per hour and mileage may be claimed at the rate of 35.7p per mile for matters falling within this Schedule. ; 2 for “Letters/Telephone Calls” (wherever occurring), substitute “Letters/Emails/Telephone Calls”; 3 in Table 1 of Part 2— a for “£3.35 per hour”, substitute “£3.35 per item / call”; b omit “Travel and waiting time £24.25 per hour”; and c omit “Mileage rate 35.7p per mile”. 7 In Schedule 3— 1 in paragraph 2 in Part 1, for “the solicitor shall submit a claim”, substitute “the representative shall submit a claim”; 2 in paragraph 3(1) in Part 1, for “solicitor”, substitute “representative”; 3 after paragraph 3(2) in Part 1, insert— 4 In this Schedule, any reference to “Letters” or “letters” shall be taken to include reference to emails. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. . 4 in Tables 3, 6 and 8 of Part 2, for “Consultation”, substitute “Consultation and Preparation”; 5 in Tables 1 and 4 of Part 2, for “Preparation”, substitute “Consultation (other than with Counsel) and Preparation”; 6 in Table 8 of Part 3, for “Non routine telephone calls”, substitute “Non routine telephone calls (over 5 minutes)”; 7 in Table 9 of Part 3, for “Consultation”, substitute “Consultation and Preparation”. 8 In Schedule 4— 1 in paragraph 2 in Part 1, for “solicitor”, substitute “representative”; 2 after paragraph 6 in Part 1, insert— 7 In this Schedule, any reference to “Letters” or “letters” shall be taken to include reference to emails. 8 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. 9 For proceedings falling to be remunerated under Tables 3 to 11 of Part 2 of this Schedule, no claims for waiting time shall be entertained. 10 For proceedings falling within Table 1 of Part 3, no claim for mileage shall be entertained. Any claim by a solicitor for travelling to attend Court shall be from the solicitor’s office to which the certificate relates. 11 1 For proceedings listed within Tables 2, 3 and 4 of Part 3 of this Schedule and proceedings listed within Part 4 of this Schedule, travel may be claimed as follows and claims shall not be entertained for mileage or waiting— a Counsel travelling to attend a court─ i 20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £23; ii More than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £46. b Solicitor travelling to attend a court─ i 20 to 50 miles from the solicitor’s office, or where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £23; ii More than 50 miles from the solicitor’s office, or where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £46. 2 Where a solicitor or counsel has conducted more than one case in the same day at the same venue, the fee set out in sub-paragraph (1) may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel. 12 In any proceedings listed in Part 5 of this Schedule to which travel and mileage are payable, any claim by a solicitor for travelling and mileage to attend Court shall be from the solicitor’s office to which the certificate relates and any claim by Counsel for travelling and mileage to attend Court shall be from the Bar Library, 91 Chichester Street Belfast BT1 3JQ. 13 In respect of claims for costs made under Table 1 of Part 5 of this Schedule, travel may be claimed by solicitor only from the solicitor’s office to which the certificate relates at the rate of £15 per hour and mileage at the rate of 35.7p per mile. No claim shall be entertained for waiting time. 14 In respect of any claim for costs made under Table 2 of Part 5 of this Schedule, no claim for travelling or waiting time or mileage shall be entertained. 15 In respect of any claim for costs made under Table 3 of Part 5 of this Schedule, no claim for mileage shall be entertained 16 For the proceedings listed in Part 6 of this Schedule, a solicitor may claim for mileage only from the solicitor’s office to which the certificate relates at the rate of 35.7p per mile. No claim shall be entertained for travel and waiting time. 17 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. 18 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. . 3 in Part 2— a under the cross heading, for “Children (Northern Ireland) Order 1995 – including Children Order appeals from the Family Proceedings Court” substitute “All proceedings including appeals from the Family Proceedings Court and Domestic Proceedings Court”; b in Table 2, for “Consultation”, substitute “Consultation and Preparation”; c in Tables 3 to 11— i for “35% of Composite Fee – Case Withdrawn or Transferred” substitute “35% of Composite Fee – Case Withdrawn or Transferred (following first directions hearing but before a final hearing date is set)”; ii for “20% of Composite Fee – Case Withdrawn or Transferred” substitute “20% of Composite Fee – Case Withdrawn or Transferred (at first directions hearing)”; d in Tables 12 to 19─ i for “ 35% Brief Fee – Case Withdrawn or Transferred” substitute “35% Brief Fee ─ Case Withdrawn or Transferred (following first directions hearing but before a final hearing date is set)”; ii for “20% Brief Fee ─ Case Withdrawn or Transferred” substitute “20% Brief Fee ─ Case Withdrawn or Transferred ( at first directions hearing)”; e for the heading of Table 6, substitute “Appeals from the Family Proceedings Court and Domestic Proceedings Court – Re Other Proceedings”; f for the heading of Table 13, substitute “Appeals from the Family Proceedings Court and Domestic Proceedings Court – No New Evidence”; g for the heading of Table 14, substitute “Appeals from the Family Proceedings Court and Domestic Proceedings Court – New Evidence”. 4 in Part 3─ a for Table 1, substitute— Table 1: Divorce, Nullity and other Matrimonial Suits – Matrimonial Causes (Northern Ireland) Order 1978 (Withdrawn/Abandoned/ Discontinued Proceedings) – Solicitor Work Type Rate Consultation, Preparation, Travel and Waiting £30 per hour Letters and Telephone Calls £3.35 per item Non Standard telephone call (over 5 minutes) £30 per hour b in footnote (1) referring to Table 2, for “£3.35” substitute “£3.35 per item, non-standard telephone calls (over 5 minutes)- £30 per hour”. 5 in Part 4 after Table 8, insert— Table 9: Proceedings which have been withdrawn, abandoned or discontinued -Full certificates Solicitor Work Type Rate Consultation, Preparation, Waiting and Attending Court £30 per hour Letters and Telephone Calls £3.35 per item Non Standard telephone call (over 5 minutes) £30 per hour . 6 in Part 5— a under the cross heading omit “ High Court Bail Applications” ; b for the heading of Table 1, substitute “High Court Bail Applications and Variation Applications – Standard Fees”; c for Table 3, substitute— Table 3: Solicitor – Hourly Rates Item of Work Rate Consultation, Preparation, Travel and Waiting £94 per hour Letters and Telephone Calls £9.40 per item Non Standard telephone call (over 5 minutes) £94 per hour . 9 In Schedule 5, in paragraph 2 in Part 1, for “solicitor”, substitute “representative”. Sealed with the Official Seal of the Department of Justice on 18th June 2019 Peter May A senior officer of the Department of Justice