KA-2024-000244 - [2025] EWHC 2070 (KB)

Regulation 3 delineates the scope of the Regulations. It provides that Regulations 8 and Schedule 4 apply to proceedings in the High Court. Notably, Schedule 2, which allows for enhancement in certain circumstances, applies only to proceedings in the Crown Court.

Regulation 8 governs claims for fees in cases to which the Standard Crime Contract applies, including representation in proceedings prescribed as criminal under section 14(h) of LASPO.

Regulation 8(2) mandates that such claims:

“must— (a) be made and determined in accordance with the 2010 Standard Crime Contract; and (b) be paid in accordance with the rates set out in Schedule 4”.

Schedule 4 of the Regulations sets out the specific rates payable for claims falling under Regulation 8, including those for representation in proceedings prescribed as criminal under section 14(h) of LASPO.

Regulation 9 addresses “Payments from other sources.” It states that a representative:

“must not receive or be a party to the making of any payment for work done in connection with those proceedings, except such payments as may be made— (a) by the Lord Chancellor; or (b) in respect of any expenses or fees incurred in— (i) preparing, obtaining or considering any report, opinion or further evidence...; or (ii) obtaining any transcripts or recordings,”

where LAA authority was refused. Significantly, Regulation 3(5A) clarifies that Regulation 9 applies only to proceedings in magistrates’ courts, the Crown Court, and the Court of Appeal; it does not apply to proceedings in the High Court.