Local Authority v A Mother and Child

Practice directions supplement civil procedure rules but cannot amend, repeal or override statutory instruments unless that power has been conferred expressly. In legally aided family proceedings, the costs of preparing a bill may be generally allowable under the costs practice direction, but the amount remains subject to the ceiling imposed by the applicable remuneration regulations. A solicitor’s checking and signing of a bill forms part of preparing the bill and falls within the relevant preparation allowance. Work undertaken after provisional assessment, when deciding whether to accept the assessment or seek a hearing, falls instead within the allowance for preparing for and attending the taxation or assessment.

Solicitors acting for a child in care proceedings claimed amounts for preparing, checking and verifying a bill of costs. The district judge disallowed the preparation item. On appeal, the circuit judge held that preparation was allowable but limited it to the maximum amount under the Legal Aid in Family Proceedings (Remuneration) Regulations 1991, and allowed a separate sum for checking and signing.

The solicitors appealed against the monetary limit. The Legal Services Commission cross-appealed against the separate allowance for checking and verifying. The central issues were the legal status of the costs practice direction and the proper classification of the solicitor’s work under the remuneration regulations.

1. The appeal was dismissed and the cross-appeal allowed. The court expected that a reasonable sum, not exceeding £51.75, would be payable for the relevant work.

2. Practice directions made for county courts under section 74A of the County Courts Act 1984, and under the inherent power of the Heads of Division for the Supreme Court, supplement rules of court. They are not statutory instruments and do not possess an implied power to amend or repeal rules or regulations made by statutory instrument. The only express power to amend or repeal other legislation in consequence of the Civil Procedure Rules was the Lord Chancellor’s power under section 4 of the Civil Procedure Act 1997.

3. The costs practice direction could therefore not override the Legal Aid in Family Proceedings (Remuneration) Regulations 1991. The two instruments were nevertheless reconcilable. Preparation of a bill had become generally allowable in family proceedings, but the remuneration regulations fixed the reasonable maximum in legally aided cases.

4. The costs of preparing a bill under Schedule 1A item 17 included the costs of drawing up a bill fit for presentation, including the solicitor’s checking and signing of the bill. That work was part of preparation, rather than part of the court’s scrutiny of the bill.

5. After provisional assessment, work reviewing the assessed bill and deciding whether to accept it or proceed to an assessment hearing fell within item 18, covering preparation for and attendance at the taxation. A provisional allowance could be estimated for that work and argued at the hearing if necessary.

• Court of Appeal (Civil Division): appeal from Blackburn County Court. The court dismissed the solicitors’ appeal and allowed the Legal Services Commission’s cross-appeal.