Appendix D
Basis of Cost Recovery in Legal Proceedings
1. Civil Proceedings
The Council has adopted the HM Courts and Tribunals Service guideline hourly rates National Band 1 (April 2010) for the calculation of costs to be recovered in civil proceedings. These costs are calculated based on the level of experience of the lawyer conducting the case. These are as follows3:
| Band | Rate |
|---|---|
| Band A | £217 per hour |
| Band B | £192 per hour |
| Band C | £161 per hour |
| Band D | £118 per hour |
2. Criminal Proceedings
The criminal courts award costs on the basis of a “just and reasonable” test. The Council will benchmark the legal costs it seeks to recover in criminal proceedings against the average hourly rates of Crown Prosecutors (September 2009), which are:
- Lawyers: £69 per hour
- Paralegals £51 per hour
- Support staff: £44 per hour
The costs sought may differ based upon the length and complexity of the case and whether proceedings are carried out in the Magistrates’ or Crown Court.
3 Band A: lawyers over 8 years’ experience, Band B: lawyers over 4 years’ experience, Band C: lawyers 0-4 years’ experience, Band D: legal trainees & paralegal staff