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Family Law

The leading authority on all aspects of family law

13 OCT 2008

Community Legal Service issues care proceedings payment clarification

The Community Legal Service (CLS) has issued a clarification on payment in care proceedings where cases transfer to a new provider.

Where a client transfers to a new provider and the original provider plays no further part in the proceedings, the following applies:

  • If the new provider's profit costs (calculated using hourly rates) are equal to or more than the standard fee, the provider will obtain the full standard fee.
  • If the costs are less than the standard fee, the provider will get half the standard fee. In these instances, the actual cost could be less than the fee received.
  • Any case can become 'exceptional' if the profit costs of the provider are more than twice the standard fee. In these instances, the provider will be paid at hourly rates.
  • The standard fee only applies to attendances in the office and preparation work. It does not apply to advocacy.
  • All advocacy work, including travel to court and attendance at advocates' meetings, is paid separately at hourly rates.
  • Counsel fees and disbursements are also paid separately under the standard fee scheme.

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