Lord Dyson approves Grade A parity for Chartered Legal
Executives
28 July 2014
The Master of the Rolls, Lord Dyson, has approved a change to
Guideline Hourly Rates (GHRs) to allow Chartered Legal Executives
to recover costs at the same level as solicitors once they reach 8
years’ Post Qualification Experience in litigation (known as Grade
A rates). The change will come into effect on 1 October.
The GHRs are the widely accepted guidelines used by the Courts
in summary assessment of costs for the recoverable hourly rate for
different grades of fee earner in different regions of England and
Wales. The highest rate has been reserved in the past for
solicitors.
The Costs Committee of the Civil Justice Council, chaired by Mr
Justice Foskett and reporting to the Master of the Rolls,
recommended that Chartered Legal Executives with equivalent
experience should be afforded the same recognition in the
guidelines; putting an end to a long-standing disparity between the
two legal professions.
The Master of the Rolls, in his decision document, stated: “I
also accept the recommendations to amend the criterion for Grade A
fee earners so that it includes Fellows of CILEx with 8 years’
post-qualification experience (section 6.1); and that Costs Lawyers
who are suitably qualified and subject to regulation be eligible
for payment at GHR Grades C or B, depending on the complexity of
the work (section 6.2). Both of these recommendations were
supported by persuasive evidence and arguments. I propose to
introduce these changes on 1 October 2014.”
CILEx president Frances Edwards said: "I am grateful to Mr
Justice Foskett, the Committee and Lord Dyson for being receptive
to the evidence we submitted. Many of our members have reported
that the guidelines have not reflected modern practice in the
sector, and that firms have not been deploying their staff, or
recouping costs, to the full extent. This recommendation recognises
the professional standing of Chartered Legal Executives, and will
be welcomed by CILEx members and firms across the country."
The change will come into effect around the same time as
Parliamentary votes to extend individual practice rights for CILEx
members. The changes will give CILEx members the same choice of
individual practice rights areas as other legal professionals, and
the guidelines will recognise their ability to recoup their costs
at equivalent rates. Votes expected later in the year will also
enable them to set up their own firms.
ENDS