https://www.slab.org.uk/guidance/proceedings-not-payable-under-schedule-4/
https://www.slab.org.uk/guidance/proceedings-not-payable-under-schedule-4/
Regulations 10(2) and (2A) states:
10(2) Counsel’s fees for any work in relation to proceedings in the Supreme Court, Restrictive Practices Court, Employment Appeal Tribunal, Lands Valuation Appeal Court, Scottish Land Court or Lands Tribunal for Scotland, or before the Upper Tribunal or the Social Security Commissioners, shall be 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.
10(2A) The fees of a solicitor-advocate for any work in relation to proceedings in the Supreme Court shall be 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.
Regulation 10(2) and 10(2A) of the Fees Regulations provides that counsel’s fees in relation to any work in relation to proceedings in the courts below shall be 90% of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.
10(3) Where work done by counsel constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this Regulation an amount equal to the amount of value added tax chargeable thereon.
You are entitled to charge on the basis of 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid, as shall be determined by the Board to have been actually and reasonably done, due regard being had to economy.
Where the fee charged are broadly in line with the current prescribed fees, or reflect the general level of fees set by previous taxation decisions for similar charges prior to 2011, as well as historical precedent, then we will allow the fee as reasonable.
In the event that the level of fee exceeds an amount that we consider to be reasonable we will invite you to provide further information in support of the claim.
You are entitled to charge on the basis of 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid, as shall be determined by the Board to have been actually and reasonably done, due regard being had to economy.
You should have regard to the guideline rates in the UKSC Practice Direction 13, Paragraph 15, when you are charging for the work that you have done.
Where you elect to claim higher fees than 90% of the guideline rate, we must be satisfied that fee is reasonable having regard to all the circumstances in the case before we can make payment.
Any claim for an increase on the UKSC guideline rates must be explained in the fee narrative or in a detailed note.
If we are not satisfied that an increased fee is allowable we will allow the fee at 90% of the guideline rate and invite you to provide further information in support of the claim.
The factors that may be considered relevant include:
Where a claim is made for outlays in relation to travel or accommodation we will allow an amount which is considered to reasonable, on cause shown.
You are not restricted to the prescribed rates in Schedule 4 for accommodation and subsistence but you must conduct cases with due regard being had to economy and ensure that any associated costs are reasonable in amount.