Use of counselMental health case:counsel, use ofMental health caseMental health case:counsel, use ofMental health case
10.41You are entitled to instruct counsel to represent clients before the tribunal. Where you instruct counsel, you will still only be entitled to the level 3 fee, and it is a matter for you to negotiate how much of that fee to pay to counsel. Counsel is not a disbursement.
1Standard Civil Contract 2014 Specification para 7.41.10.42In unusually complex cases, you can apply to the LAA to pay counsel at an hourly rate above the standard hourly rates in the contract.
2Standard Civil Contract 2010 Specification paras 7.43 and 7.44. The LAA will grant prior authority, specifying the hourly rate and the maximum costs limit if the case poses unusually complex evidential problems, or novel or difficult points of law. The LAA consider it highly unlikely that such issues will arise at MHT level.