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Non-MHT cases
10.23All cases that do not concern an application or potential application to the MHT are deemed to be non-MHT cases and attract the non-MHT fee.
1Standard Civil Contract 2014 Specification para 7.56. Only Legal Help is available.
10.24Where you are acting for a victim, Help at Court for representation is available and claimed at hourly rates on top of the fee.
2Standard Civil Contract 2014 Specification para 7.85.10.25Initial advice in a Mental Capacity Act case is a non-MHT matter,
3Standard Civil Contract 2014 Specification para 7.28. including making an application for a certificate for representation before the Court of Protection.
MHT cases
10.26MHT cases divide into three fee stages.
10.27Stage 1 is funded by Legal Help and covers initial advice to the client, including a visit to the client and follow-up work up to and including making an application to the MHT.
4Standard Civil Contract 2014 Specification para 7.63.10.28Once it becomes clear that the case is to be considered by the MHT, you should grant CLR
5Standard Civil Contract 2014 Specification para 7.36. and continue work at stage 2, but you can only go to stage 2 having passed through (and done at least 30 minutes of work at) stage 1.
6Standard Civil Contract 2014 Specification para 7.66. This stage covers all work up to, but not including, the substantive hearing,
7Standard Civil Contract 2014 Specification para 7.65. including preparation of the case generally and for the hearing, negotiation with third parties, attendance at managers’ reviews and other meetings
8Standard Civil Contract 2014 Specification para 7.67. where appropriate,
9Standard Civil Contract 2014 Specification para 7.68. as well as taking instructions from the client and instructing experts.
10.29Stage 3 covers representation at the tribunal hearing,
10Standard Civil Contract 2014 Specification para 7.69. including any adjourned/cancelled/postponed hearings (for which an additional fee is or may be payable
11Standard Civil Contract 2014 Specification para 7.70.). Stage 3 also includes work done in applying to the tribunal for a review of its decision under Tribunals, Courts and Enforcement Act 2007 s9, or applying for permission to appeal under section 11.
12Standard Civil Contract 2014 Specification para 7.86.10.30Where the tribunal sets aside its decision, you are still in stage 3 but may claim an additional adjourned hearing fee.
13Standard Civil Contract 2014 Specification para 7.86. However, where an appeal or review goes to the upper tribunal, you will need to apply for a certificate for representation at that stage.
14Standard Civil Contract 2014 Specification para 7.90.