- Latest available (Revised)
- Original (As made)
The Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005
You are here:
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
PART 5Basis for assessment of legal expenses
Effect of this Part
15. This Part sets out the basis on which the court must assess the amount payable in respect of a person’s reasonable legal expenses of civil recovery proceedings pursuant to provision made in a recovery order.
General principles
16.—(1) Subject to regulation 17, the court will assess a person’s legal expenses on the standard basis.
(2) The court must give effect to—
(a)any provision made in the recovery order for the purpose of enabling the person to meet his reasonable legal expenses of civil recovery proceedings; and
(b)subject to sub-paragraph (a), the terms of any exclusion made for the purpose of enabling that person to meet those legal expenses (including the required conditions).
(3) In paragraph (1), “the standard basis” has the meaning given in—
(a)CPR rule 44.4 in relation to proceedings in England and Wales;
(b)RSC (NI) Order 62 rule 12 in relation to proceedings in Northern Ireland.
Rates of remuneration
17.—(1) Subject to the following paragraphs of this regulation, remuneration for work done by a legal representative may only be allowed at the appropriate hourly rate shown in the Table below.
(2) The higher hourly rates specified in the third column of the Table may only be allowed where the case involves substantial novel or complex issues of law or fact.
(3) The rates specified in the Table will be increased by—
(a)20% for legal representatives whose offices are situated in Central London; and
(b)10% for legal representatives whose offices are situated in Outer London.
(4) In paragraph (3)—
(a)“Central London” means postcode districts EC1–4, SW1, W1 and WC1–2;
(b)“Outer London” means all other postcode districts in postcode areas BR, CR, DA, E, N, NW, SE, SW, UB and W.
and “postcode area” and “postcode district” shall be construed in accordance with the Postcode Address File within the meaning given in section 116 of the Postal Services Act 2000(1).
Table: rates of remuneration for legal representatives
| Category of fee earner(1) | Standard hourly rate (excluding VAT) | Higher hourly rate (excluding VAT) |
|---|---|---|
(1) In relation to England and Wales, a reference to a number of years' standing as a solicitor or counsel to be interpreted as referring to that number of years' general qualification (within the meaning of section 71 of the 1990 Act). | ||
| Solicitors and their employees | ||
| Senior solicitor (of at least 8 years' standing) | £187.50 | £225.00 |
| Solicitor (of at least 4 years' and less than 8 years' standing) | £150.00 | £187.50 |
| Junior solicitor (of less than 4 years' standing) | £107.50 | £131.25 |
| Trainee solicitor, paralegal or other fee earner | £75.00 | £93.75 |
| Counsel | ||
| Queen’s Counsel | - | £275.00 |
| Senior junior counsel (of at least 10 years' standing) | £150.00 | £225.00 |
| Junior counsel (of less than 10 years' standing) | £100.00 | £150.00 |
(1)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThis Part only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.