Legal Aid Payments to Lawyers (Hansard, 11 March 1997)

§ Lord Cocks of Hartcliffe
asked Her Majesty's Government:
Further to the Answer of the Lord Chancellor on 30 January 1995 (H.L. Deb., col.WA 100) whether information on which five barristers receive the largest total annual payments from criminal legal aid is now available and, if so, how much was paid in each case.

§ The Lord Chancellor (Lord Mackay of Clashfern)
The five barristers who are recorded as receiving the 23WA highest total payments from Crown Court legal aid during 1995–96 were as follows:

Barrister Amount Paid (£ million)¹

Mr. R. Henriques QC over 0.5

Mr. R. Amlot QC 0.45–0.499

Mr. D. DeSilva QC 0.4–0.449

Mr. R. Tansey QC 0.4–0.449

Mr. J. Rees QC 0.35–0.399

¹ The figures quoted are the total amounts paid from legal aid in respect of cases closed in 1995–96. They do not include payments on account for cases still current. Therefore they are not to be taken as payments received in 1995–96. They could well reflect payments for several years' work and should not be seen as a measurement of annual income. They are inclusive of VAT and other disbursements necessarily incurred.

§ Lord Cocks of Hartcliffe
asked Her Majesty's Government:
Further to the Answer of the Lord Chancellor on 30 January 1995 (H.L. Deb., col.WA 100) whether information on which five solicitors' firms received the largest total annual payments from the Legal Aid Board is now available and, if so, how much was paid in each case.

§ The Lord Chancellor
The top five solicitors' firms recorded as receiving the highest total payments from the Legal Aid Board during 1995–96 were as follows:

Firm Amount Paid (£ million)¹

Brendan Fleming over 2.60

Irwin Mitchell over 2.60

The Smith Partnership 2.50–2.59

Nelsons 2.40–2.49

Pictons incorporating Smeathmans 2.40–2.49

¹ The figures quoted are the total amounts paid from legal aid in respect of cases closed in 1995–96. They do not include payments on account for cases still current. Therefore they are not to be taken as payments received in 1995–96. They could well reflect payments for several years' work and should not be seen as a measurement of annual income. They are inclusive of VAT and other disbursements necessarily incurred.

§ Lord Cocks of Hartcliffe
asked Her Majesty's Government:
Further to the Answer of the Lord Chancellor on 30 January 1995 (H.L. Deb., col.WA 100) how much public money has been spent on banisters' fees during the financial years 1994–95 and 1995–96.

§ The Lord Chancellor
Information is not readily available in the form requested and could only be obtained at disproportionate cost. Legal aid payments for civil proceedings and criminal proceedings in the magistrates' courts totalling £140 million in 1994–95 and £159 million in 1995–96 were paid by the Legal Aid Board in respect of barristers' fees in England and Wales. For criminal proceedings in the higher courts a total of £144 million was paid during 1994–95 and £154 million in 1995–96.
24WA

§ Lord Cocks of Hartcliffe
asked Her Majesty's Government:
What representations the Bar-Registered Parliamentary Group have made to them since the Answer of the Lord Chancellor on 4 July 1995 (H.L. Deb., col.WA 73) and whether they have included suggestions for curbing excessive fees for barristers.

§ The Lord Chancellor
Both my honourable friend the Parliamentary Secretary and I have received a number of representations from the Bar Parliamentary Group since 4 July 1995. I met with the Group on 22 November 1995 and on 30 April 1996, in both cases with regard to the Government's proposals for legal aid reform. My honourable friend received representations from the Bar Parliamentary Group on 12 November 1996 in relation to the Bar's concern at my proposals to introduce civil standard fees for advocates. I have not received any specific suggestions from the Bar Parliamentary Group in relation to barristers' fees.

§ Lord Cocks of Hartcliffe
asked Her Majesty's Government:
Further to the Answer of the Lord Chancellor on 30 January 1995 (H.L. Deb., col. WA 100) what is their current estimate of the number of barristers earning more than £100,000 annually from (a) criminal legal aid and (b) civil legal aid; and
Further to the Answer of the Lord Chancellor on 5 April 1995 (H.L. Deb., col.WA 23) what is their current estimate of the number of barristers earning more than £300,000 annually from (a) criminal legal aid and (b) civil legal aid.

§ The Lord Chancellor
It is estimated that during the 1995–96 financial year 277 barristers received total payments of more than £100,000 in respect of Crown Court legal aid, of whom 24 received total payments in excess of £300,000. In the same year it is estimated that 83 barristers received total payments of more than £100,000 from the legal aid fund, one of whom received total payments exceeding £300,000¹. ¹ The figures quoted in the Answer relating to the total amount paid to barristers are in respect of final bills paid during 1995–96. As such they may include payments for work done in earlier years but will not include payments on account for cases still current. The figures are inclusive of VAT and other disbursements necessarily incurred, but do not take account of amounts received or recovered by way of contributions or costs, or damages awarded in civil proceedings.

§ Lord Cocks of Hartcliffe
asked Her Majesty's Government:
Further to the Answer of the Lord Chancellor on 5 May 1994 (H.L. Deb., colWA 100) what was the average level of fees claimed by leading counsel out of the legal aid fund for the years 1993–94, 1994–95 and 1995–96 in (a) Scotland and (b) England and Wales.

§ The Lord Chancellor
The information requested is not readily available and could only be obtained at disproportionate cost.
25WA

§ Lord Cocks of Hartcliffe
asked Her Majesty's Government:
Further to the Answer of the Lord Chancellor on 18 December 1996 (H.L. Deb., col. WA 131) whether they will now provide a breakdown of amounts paid to individual barristers and solicitor firms in the case ofR v. Kevin Maxwell and others.

§ The Lord Chancellor
It would not be appropriate for me to provide a breakdown of the amounts paid to26WA individual barristers and solicitor firms in the proceedings against K. and I. Maxwell, L. Trachtenberg, R. Bunn, A. Fuller and M. Stoney because not all of the claims have been determined. I can confirm, however, that £12.17 million had been paid as of 20 February 1997 from the legal aid fund to lawyers who acted in this case. That sum includes £2.47 million paid on account in respect of the Crown Court proceedings and £0.83 million paid in respect of the magistrates' courts proceedings.

Barrister	Amount Paid (£ million)¹
Mr. R. Henriques QC	over 0.5
Mr. R. Amlot QC	0.45–0.499
Mr. D. DeSilva QC	0.4–0.449
Mr. R. Tansey QC	0.4–0.449
Mr. J. Rees QC	0.35–0.399
¹ The figures quoted are the total amounts paid from legal aid in respect of cases closed in 1995–96. They do not include payments on account for cases still current. Therefore they are not to be taken as payments received in 1995–96. They could well reflect payments for several years' work and should not be seen as a measurement of annual income. They are inclusive of VAT and other disbursements necessarily incurred.

Firm	Amount Paid (£ million)¹
Brendan Fleming	over 2.60
Irwin Mitchell	over 2.60
The Smith Partnership	2.50–2.59
Nelsons	2.40–2.49
Pictons incorporating Smeathmans	2.40–2.49
¹ The figures quoted are the total amounts paid from legal aid in respect of cases closed in 1995–96. They do not include payments on account for cases still current. Therefore they are not to be taken as payments received in 1995–96. They could well reflect payments for several years' work and should not be seen as a measurement of annual income. They are inclusive of VAT and other disbursements necessarily incurred.