https://www.slab.org.uk/guidance/no-prescribed-fee-for-an-item-of-work/
https://www.slab.org.uk/guidance/no-prescribed-fee-for-an-item-of-work/
Schedule 2, paragraph 2 provides that where the Tables of Fees does not prescribe a fee for any item of work the auditor shall allow such fee as appears appropriate to provide reasonable remuneration for work with regard to all the circumstances, including the general levels of fees in the Table of Fees.
As previously covered in this guidance although Schedule 2 provides that the auditor, as opposed to SLAB, has the power to determine a reasonable fee, in practice we can and do seek to negotiate and reach agreement with counsel on what amounts to reasonable remuneration.
Given the similarities between this paragraph and Schedule 4, Paragraph 3 of the Civil Fees Regulations it appears to us reasonable to have regard to the decision of the Inner House delivered by Lord Menzies in the hearing on Note of Objections to the Auditor’s Report by Mungo Bovey, KC in the application of AB, [2021] CSIH 3, when considering what your approach to charging and what our approach to assessment should be.
The reference to “the general level of fees in the Table of Fees” does not mean that we should treat the fee as if it were a prescribed fee.
The Inner House decision makes clear that we are required to adopt a more flexible and wider approach, having regard to all the circumstances.
One of the circumstances that we must have regard to is the general levels of fees in the Tables of Fees, but it is not the only one and the overriding aim is for us to determine what constitutes reasonable remuneration for the work that has been done where we are satisfied that the work has been actually and reasonably done, due regard being had to economy.
Where there is no fee within the Table of Fees we would recommend that you have regard to rates from Tables of Fees which have been reviewed to reflect modern court practices and procedures, such as those under Schedule 2 of the Criminal Fees Regulations, which helpfully provide benchmark rates for a publicly funded legal aid service which can reasonably be applied in contempt of court proceedings.
Otherwise, you must justify the fee that is charged.
A short concise and focused narrative in support of the charge should be sufficient.
Where we are not satisfied that the fee claimed is reasonable based on the information available, we will allow what we consider to be a reasonable fee and invite you to provide further information in support of the claim.