Part 3: Civil proceedings in the Youth Court and other courts: Injunctions and breach of injunctions
Part 3: Civil proceedings in the Youth Court and other courts: Injunctions and breach of injunctions
1See SCC B13.40–13.46.Injunctions
10.15The youth court has jurisdiction to deal with civil and gang injunctions affecting those under 18. However these require either legal help or the grant of civil legal aid. The rates are set out in the Civil Legal Aid (Remun-eration) Regulations 2013 Sch 1.
10.16The first stage is the giving of advice. This is dealt with as controlled work-legal help. The rates are as follows: a standard fee of £157 unless the escape threshold is reached.
2Civil Legal Aid (Remuneration) Regulations 2013 SI No 422 Sch 1 and Pts 1 and 2. These figures apply to all cases started on or after 23 March 2015.
Remuneration for legal aid services: applications for and appeals against Part 1 injunctions
CONTROLLED WORK: LEGAL HELP Standard fee £157 but: |
Escape threshold |
£471 | Preparation, attendance and advocacy | £46.53 (London rate) | £43.88 per hour (non-London rate |
| Travel & waiting time | £24.62 per hour | £24.62 per hour |
| Routine letters out and telephone calls | £3.60 per item | £3.47 per item |
10.17Thereafter for the proceedings the matter is dealt with by licensed work-legal representation, for which the rates are as follows:
3Civil Legal Aid (Remuneration) Regulations 2013 Sch 1 Pt 3.
LICENSED WORK: LEGAL REPRESENTATION |
Activity | Higher courts | County courts and magistrates’ courts |
Routine letters out | £6.75 per item | £5.94 per item |
Routine telephone calls | £3.74 per item | £3.29 per item |
Preparation and attendance | £71.55 per hour (London rate) £67.50 per hour (non-London rate) | £63.00 per hour (London rate) £59.40 per hour (non-London rate) |
Attendance at court or conference with counsel | £33.30 | £29.25 |
Advocacy | £67.50 per hour | £59.40 per hour |
Travelling and waiting time | £29.93 per hour | £26.28 per hour |
Provision for the Independent Bar
4Civil Legal Aid (Remuneration) Regulations 2013 SI No 422 Sch 2.10.18Special provision has been made for the Bar in these proceedings if they are assigned to deal with the case when the following rates apply. Proceedings in the youth court are handled at the county court rates. Proceedings on appeal to the Crown Court are handled at the High Court rates.
REMUNERATION OF BARRISTERS IN INDEPENDENT PRACTICE IN RELATION TO WORK THAT IS NOT CONTROLLED WORK, ADVOCACY SERVICES IN FAMILY PROCEEDINGS OR OTHER LEGAL SERVICES IN RELATION TO INQUESTS |
Category | Hourly rate |
Preparation and attendance in the High Court or Upper Tribunal | £71.55 (London rate) £67.50 (non-London rate) |
Preparation and attendance in the county court | £63.00 (London rate) £59.40 (non-London rate) |
Attendance at court or conference in the High Court or Upper Tribunal | £33.30 |
Attendance at court or conference in the county court | £29.25 |
Advocacy in the High Court or Upper Tribunal | £67.50 |
Advocacy in the county court | £59.40 |
Travel and waiting time in the High Court or Upper Tribunal | £29.93 |
Travel and waiting in the county court | £26.28 |
Breach of a civil injunction
5CBAM 6.15–6.16.10.19Breach is dealt with as a contempt of court and so falls within Regulation 9(v) of the Criminal Legal Aid (General ) Regulations 2013. It should be distinguished from breach of a criminal behaviour order which is dealt with as a criminal offence in the normal way.
10.20Remuneration for breach of a civil injunction is by a standard fee scheme which mirrors that at chapter 3. Core costs should be calculated in accordance with the escape threshold rates below and the total value compared with fee limits. Travel and waiting are then added and it should be noted that for these hearings payments
are made in all courts for travel and waiting.
6SCC B13.46. Criminal Legal Aid (Remuneration) Regulations 2013 Sch 4 para 5A. These figures relate to cases with a representation order dated on or after 1 April 2016.
Remuneration for legal aid services: breach of a Part 1 injunction STANDARD FEES |
| Lower standard fee | Lower standard fee limit | Higher standard fee | Higher standard fee limit |
Category 1B | £158.27 | £272.34 | £380.70 | £471.85 |
Category 2 | £279.45 | £467.84 | £640.94 | £779.64 |
Escape Threshold Rates |
All areas |
Routine letters written and telephone calls per item |
£3.56 |
Preparation hourly rate £45.35 |
Advocacy hourly rate (including applications for bail and other applications to the court) £56.89 |
Hourly rate for attendance at court where counsel is assigned (including conferences with counsel at court) £31.03 |
Other civil proceedings where criminal law solicitors may act
10.21Where an adult is concerned in civil injunction proceedings, the hearing will take place in the county court. The remuneration rates are those set out at paras 10.16 and 10.17 above.
10.22Where breach of a civil injunction by an adult is alleged this too will be dealt with in the county court (under Criminal Legal Aid (General) Regulations 2013 reg 9) and the standard fee scheme above at 10.20 applies together with payment for travel and waiting.