HC Deb 16 July 1999 vol 335 cc343-4W
Mr. Dismore

To ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to ensure that leading counsel are remunerated on the basis of the work they have carried out on a case and its complexity. [91582]

Mr. Vaz

The Rules of Court provide sufficient powers to ensure that lawyers are paid for the weight and complexity of the work they have undertaken and not simply because of their status. The new Civil Procedure Rules specifically require the Court awarding costs to have regard to what is proportionate to the issues at stake and the complexity of the particular case. This is in addition to the existing tests that it must have been reasonable to incur the expense at all and that the sum being claimed is itself reasonable in amount. If these tests are applied robustly, they ought to be sufficient. However, if there is any evidence that these tests are insufficient, I am happy to consider what more may be needed.

Mr. Dismore

To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement on the rules of court governing the levels of fees charged by leading counsel. [91583]

Mr. Vaz

The Civil Procedure Rules do not govern the levels of fees charged by leading counsel, other than in the specific case of fast track trial costs. However, the new Rules do require the court, when deciding the amount of costs, to have regard to what is proportionate for the particular case. This is in addition to the existing tests that it must have been reasonable to incur the expense at all and that the sum being claimed is itself reasonable in amount. Where the court believes costs incurred are not proportionate, it has the discretion to amend the costs allowed accordingly.

In criminal matters, graduated fees apply in the vast majority of cases of up to 10 days' duration. In the remaining cases, the level of fees allowed is currently at the discretion of the Crown Court Determining Officer, based on the weight and complexity of the case. For the future we are considering what steps we shall take by way of contracting, or other means, to achieve better control over the costs of all criminal cases.