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13.96This section relates to work done before the tribunal under CLR. For licensed work in the mental health category, see the general principles above.
Mental health fee scheme
13.97The mental health fee scheme applies to all controlled work in the mental health category of law, except for Help at Court for Victims (which is paid at hourly rates), and is divided into:
•a fee for all non-MHT (Mental Health Tribunal) matters (‘non-MHT fee’); and
•three fees for MHT matters (‘MHT fees’) as follows:
•MHT fee level 1 (initial advice);
•MHT fee level 2 (negotiation and preparation); and
•MHT fee level 3 (representation before the Mental Health Tribunal).
You cannot claim both the non-MHT fee and any level of MHT fee in the same matter for a client.
13.98Help at Court for Victims
1Help at Court – funding for representation for victims under the Domestic Violence, Crime and Victims Act 2004. See Standard Civil Contract 2014 Specification para 7.85. is not remunerated under the mental health fee scheme but is paid at hourly rates.
Mental health – disbursements
13.99In general, the cost of all time spent in travel and waiting is included in the fees payable. However, the LAA intends to designate some hospitals as ‘remote’, and where work is done at these hospitals a remote travel payment will be claimable. Payment of remote travel payments will be generated by completing the appropriate box on the Consolidated Matter Report form (CMRF). At the time of writing, no hospitals had been so designated.
13.100Other disbursements are paid in addition to the fees.
Mental health – transfers
13.101Where a client transfers his or her case to you, you are entitled to claim the full mental health fee for each of the levels of work you undertake, including initial advice and negotiation/preparation.
2Standard Civil Contract 2014 Specification para 7.84.Mental health – adjourned hearing fees
13.102When a hearing is adjourned or is postponed or cancelled on the day at the request of the tribunal or Responsible Medical Officer, or in circumstances where you make a request to adjourn, postpone or cancel, and where you could not have otherwise reasonably avoided making such a request, and you have actually attended the place of the tribunal, you can claim this fee for each additional hearing that is adjourned on the day.
3Standard Civil Contract 2014 Specification para 7.70.Mental health – escape fee cases
13.103Where the amount of any claim as calculated on the basis of hourly rates exceeds three times the mental health fee(s) payable, it becomes an escape fee case and is paid at hourly rates.
13.104For work covered by the non-MHT fee or the MHT fee level 1, the relevant hourly rate is that for Legal Help.
13.105For work covered by MHT fee Level 2 and MHT fee level 3, the relevant hourly rate is that for CLR.
13.106When calculating whether a matter or case qualifies as an escape fee case, if the case qualifies for remote travel payment(s) and/or adjourned hearing fee(s), then in order for it to become exceptional its costs need to exceed the total of three times the total of all fee levels payable
plus the total of all additional payments payable.
4Standard Civil Contract 2014 Specification para 7.79.13.107The LAA provides the following example:
In an MHT case with work at levels 1, 2 and 3 and two adjourned hearings, in order to escape the costs would need to be greater than:
(3 x (Level 1 Fee + Level 2 Fee + Level 3 Fee)) + (2 x Adjourned Hearing Fee).
5Standard Civil Contract 2014 Specification para 7.81.13.108Escape fee cases will be remunerated on the basis of the relevant hourly rates. These rates will apply to work carried out by either solicitor or counsel.
Mental health – counsel’s fees
13.109Counsel’s fees do not count as a disbursement and you are responsible for agreeing and paying counsel’s fees.
13.110In an unusually complex case you may request prior authority from the LAA for a higher hourly rate. The LAA says this will be highly unusual in MHT cases. Where it is allowed, an hourly rate and a maximum cost limit will be specified. These may not be exceeded without further authority (which will not be granted retrospectively). Where authority is granted but the matter start does not qualify as an exceptional case, then the LAA will pay an additional sum equal to the difference between counsel’s fees as authorised by the prior authority and the applicable fees which would have been payable.