https://www.slab.org.uk/guidance/advising-hearings/
https://www.slab.org.uk/guidance/advising-hearings/
The following paragraphs prescribe fees for any advising hearing held subsequent to the court making avizandum.
Advising Hearing – Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of schedule 2
6A(a) – applies
6A(b) – does not apply
Paragraph 11D of the notes on the operation states:
“In Chapters 1 and 2 of Part 2 of the Table of Fees, the fees prescribed in paragraphs 1 to 6 do not apply to a hearing of the type described in paragraph 6A in each of those Chapters”.
These are the only two fees payable for an advising hearing.
Where you charge on the basis of any other fee within the Table of Fees we must reduce the claim to the appropriate fee.
In order to establish which of the two fees are payable we must have regard to the terms of paragraph 11E of the notes on the operation which states:
“This paragraph applies to a hearing of the type described in paragraph 6A of Chapters 1 and 2 of Part 2 of the Table of Fees if the Board is satisfied that a fee in accordance with paragraph 6A(a) of the relevant Chapter is justified on the grounds that the hearing involved a debate, motion for re-trial or further procedure”.
Where the higher fee under paragraph 6(a) is charged we must be satisfied that the hearing involved a debate, motion for re-trial or further procedure.
Where we are not satisfied we must allow a fee under paragraph 6(b) and invite you to confirm if the hearing involve a debate, motion for re-trial or further procedure.
Where more than one counsel attend an advising hearing, in order to establish if both can be paid a fee we must have regard to the terms of paragraph 3(ea) of the notes on the operation which states:
“a fee is to be allowed to one counsel only in respect of a hearing of the type described in paragraph 6A of chapters 1 and 2 of Part 2 of the Table of Fees that did not involve a debate, motion for re-trial or further procedure”.
Where prior approval is in place for more than one counsel we may allow a fee to both counsel where we are satisfied that the hearing involved a debate, motion for re-trial or further procedure.
Where we are not satisfied we must allow the attendance of one counsel only and invite the second counsel to provide further information in support of their claim.