Civil Legal Aid Point of Principle

Useful Articles > Civil Legal Aid Point of Principle - When High Court Rates are Appropriate (print this page )

We have been arguing for some time on behalf of our solicitor clients that High Court rates should be allowed on Claim 1s where no proceedings have been issued for certain complex matters, which would have been issued in the High Court. 

This is often the case with clinical negligence cases where on assessment the LSC often reduce the High Court rates claimed in a Claim 1 down to County Court rates. 

We have successfully argued on a number of reviews before the LSC Costs Committee that High Court rates are appropriate and for those practitioners who specialise in clinical negligence work, it is always worth bearing in mind that the High Court and County Court Jurisdiction Order 1991 states that claims for damages in respect of an alleged breach of duty of care committed in the course of the provision of clinical or medical services do not have to have a value in excess of £50,000.00 before they can be commenced in the High Court.  The relevant section of that Order is Section 5(3). 

This means that the LSC ought not to reduce the rates to County Court rates upon assessment purely based on the value of a potential clinical negligence claim. 

A point of principle on this point has now been published.  The LSC publication “Focus” reports in volume 51 Point of Principle CLA43 which states “if there is clear evidence on the file that litigation, if issued, could only or would have been issued in the High Court, then it should be paid at the High Court prescribed rates”.  I

n matters where any proceedings are likely to be commenced in the High Court it would therefore seem wise to put some file note to that effect on the file so that if a Claim 1 is being prepared at High Court rates they ought to be allowed in accordance with that point of principle and not reduced to County Court rates.  

It should be remembered that the benefits of having a claim assessed at High Court rates are twofold in that the maximum enhancement allowed in the County Court is 100% for LSC matters but the maximum enhancement allowed in the High Court is 200%. 

It should in theory therefore be easier to claim a higher enhancement when claiming High Court rates as one can point to the fact that the maximum allowed is 200%.

If you would like to discuss the above or if you have any other costs queries please do not hesitate to contact us.