- This Protocol relates to:
- applications made under section 40 of the Inquiries Act 2005 (the Inquiries Act) for an award in respect of the costs of legal representation; and
- following a decision to make an award, how legal expenses will be assessed and paid by the Inquiry.
- Issues relating to Core Participant status and the designation of lawyers as
Recognised Legal Representatives (RLRs) under the Inquiries Act and
Inquiry Rules 2006 (the Inquiry Rules) are dealt with in the Inquiry’s
Protocol on Core Participants, which can be accessed here. - The procedures set out in this Protocol:
a. have been formulated and will be applied in accordance with
section 17 of the Inquiries Act, including section 17(3), which requires
the Chair to act with fairness and with regard to the need to avoid
unnecessary cost;
b. follow the approach contained within the Section 40 Determination
made by the Minister which can be accessed here; and
c. reflect the relevant provisions of the Inquiry Rules 2006 on costs. - A person is eligible to be considered for an award only if they are:
a. attending the Inquiry to give evidence or to produce any document
or other thing; or
b. in the opinion of the Chair, a person who has such particular interest
in the proceedings or outcome of the Inquiry as to justify an award. - In exercising her power to make an award relating to legal representation
at public expense, the Chair will also take into consideration the financial
resources of an Applicant and whether making an award is in the public
interest. To assist in the Chair’s consideration, Applicants will be asked to
confirm whether they have a disposable income and assets over a certain
threshold. If necessary, they may be asked to provide further specific
details of their financial resources. - Generally, awards will be made only in cases where the Chair considers that
the Applicant fulfils one or more of the following criteria:
a. has evidence to provide in respect of the matters set out in the
Inquiry’s Terms of Reference;
b. has a significant interest in the matters set out in the Terms of
Reference;
c. may be subject to explicit or significant criticism during the Inquiry’s
proceedings or in any report produced by the Inquiry; and / or
d. it is fair, necessary, reasonable, and proportionate to make an award. - Awards will generally not be made in respect of the legal expenses of
substantial bodies, or those of individuals or organisations who could
reasonably expect their legal expenses to be met by such bodies.
The Scope of Legal Representation in the Inquiry at Public Expense - The Chair will make awards only in respect of legal work undertaken by a
person’s legal representative, whom the Chair has designated to be that
person’s RLR in relation to the Inquiry. - Where the Chair determines to make an award for legal representation at
public expense, it will normally be limited to an RLR undertaking the
following tasks:
a. considering and relaying initial instructions from a client they have
been instructed to represent during the course of the Inquiry;
b. advising a client in relation to making a witness statement, and/or
c. providing evidence to the Inquiry, in response to a request made by
the Inquiry;
d. considering material provided by the Inquiry so far as is necessary to
represent the client’s interests;
e. advising a client in relation to any warning letter issued by the Chair;
f. making an opening statement, where permitted;
g. representing a client during their oral evidence (and the evidence of
others, should that be necessary);
h. making an application for permission to submit questions to
witnesses during oral evidence, as directed by the Chair; and making
final submissions on behalf of a client, where necessary. - In accordance with the Protocol on Core Participants and Rule 7 of the
Inquiry Rules, the Chair may direct that two or more Core Participants shall
be represented by a single RLR or share counsel where she considers that:
a. their interests in the outcome of the Inquiry are similar;
b. the facts that they are likely to rely on during the Inquiry are similar;
and
c. it is fair and proper for them to be jointly represented. - Where the Solicitor to the Inquiry has reason to believe that the interests of
any Applicant may conflict with the interests of other parties, they shall
ensure that the fact of such potential conflict is made known to those
involved and to the Chair. The Chair will take account of this fact in
determining the application.
Making an Application for an Award of Legal Expenses - Anyone who wishes to apply for an award for legal expenses should
complete the legal costs application form, published with this Protocol and
accessible here. They should provide a completed copy of the form to the
Inquiry either by email to Contact@LampardInquiry.org.uk or by post –
The Lampard Inquiry, PO Box 78136, London, SW1P 9WW marked for the
attention of the Solicitor to the Inquiry. - All applications should set out:
a. the reasons why legal representation is considered necessary;
b. if the Applicant is someone to whom paragraph 7 (above) might
ordinarily apply, information as to why legal expenses cannot be met
by the relevant substantial body, or some other organisation;
c. the extent of the Applicant’s financial resources and confirmation
that there are no other means by which such representation can be
funded;
d. how any award made will be in the public interest;
e. the nature and extent of the legal representation for which the
award is sought;
f. the size and composition of the team that the Applicant’s RLR
wishes to engage. This includes the seniority and proposed hourly
rate for all legal team members;
g. where an Applicant wishes to instruct Counsel, they should include
the reasons for so doing, the date of call of that Counsel and
proposed hourly rate. Counsel will be funded only based on payment
for time spent. Claims for ‘brief fee’, ‘refresher’ or ‘preparation’ are
not permitted;
h. how long Recognised Legal Representation is expected to last;
i. the number of hours each week for which it is anticipated that the
RLR’s team will be engaged on Inquiry work;
j. the number of hours each week for which it is anticipated that
Counsel will be engaged on Inquiry work; and
k. details of any other foreseeable expenses relating to legal
representation. - In accordance with the section 40 determination issued by the Minister,
the maximum hourly rates for team members of any RLR are set out below.
All rates are exclusive of VAT. Rates must be agreed with the Solicitor to the
Inquiry prior to any work being undertaken.Role
Maximum Hourly Rate
Leading Counsel (either barrister or solicitor advocate)
£220
Junior Counsel (either barrister or solicitor advocate)
£120
Solicitors or Legal Executives with over 8 years post-qualification experience
£175
Solicitors or Legal Executives with over 4 years post-qualification experience
£150
Other Solicitors
£125
Trainee solicitors, paralegals and other fee earners
£100
- The maximum number of hours that can be claimed by each member of a
person’s legal team in respect of an award made by the Chair shall be 40
hours per week save that exceptionally the Solicitor to the Inquiry may
authorise an increase in the cap to a maximum of 60 hours per week in
relation to specified members of the legal team for any specific week
during the oral hearings or within a period of up to eight weeks prior to the
oral hearings, where they are satisfied that such an increase is justified in
all the circumstances. - A week shall be taken to commence on a Monday and end on a Sunday
and no unused hours in any week may be offset against any other week. - An award shall not be made in respect of any investigative work
undertaken by an RLR or in relation to obtaining an expert report unless
the Chair has given her express written permission and approved the
proposed expert in advance for such work to be undertaken. - The hourly rate for travel or waiting time will be no more than half of the
agreed hourly rate for legal work. Any travel or waiting time must be
included within the cap on the maximum number of hours that can be
charged by an RLR.Determination of Applications for Legal Expenses / Award Letters
- The Chair will determine an application for an award of legal expenses
within a reasonable time. - The Solicitor to the Inquiry will notify the Applicant and, where applicable,
their RLR of the Chair’s determination in writing. If the application is
granted, the Solicitor to the Inquiry will provide an Award Letter which sets
out the details and any conditions of funding. This may include:
a. the nature and scope of the work that is to be funded;
b. the size and composition of the RLR’s legal team, including the
seniority and number of counsel where necessary;
c. the hourly rates for all counsel, solicitors and paralegals;
d. any capping of legal fees that is to be applied whereby legal teams
(including Counsel) will be capped as to the maximum number of
hours that can be charged for any working day or working week;
e. that disbursements in excess of £100 (exclusive of VAT) will not be
paid unless authorised in advance by the Solicitor to the Inquiry;
f. disbursements under £100 (excluding refreshments which are not
recoverable) will only be paid where the expenditure is considered to
have been reasonable and necessary and where supported by
evidence of payment;
g. that payment will only be made for work that is properly evidenced
and can be identified as having been done in an efficient and
effective manner, avoiding unnecessary duplication and making the
best use of public funds;
h. that work is to be undertaken by an individual at an appropriate
grade and that where work is undertaken by an individual at a
higher grade, the hourly rate at the appropriate lower grade will be
paid;
i. the form in which bills relating to legal expenses are to be
submitted; and
j. the frequency with which bills are to be submitted. - Expenditure incurred by a person before the making of an award will not
normally be recoverable, except where (and to the extent that):
a. it has been expressly agreed in advance by the Solicitor to the
Inquiry who in giving such approval shall have regard, to the extent
applicable, to the conditions and qualifications set out within this
protocol that would apply if the award had already been made and
subject to the maximum hourly rates set out at paragraph 14;
b. in respect of responding to the consultation held between 1
November 2023 and 28 November 2023 on the Inquiry’s terms of
reference, subject to a maximum cap of £700 (inclusive of VAT). - It will be open to the Chair any time after making an award to impose
further conditions on the award. In particular, she may determine that a
lower cap should be imposed in relation to legal expenses that may be
claimed. This could amount to an overall financial limit and/or a limit on
the number of hours to be spent on Inquiry work. The Solicitor to the
Inquiry will review all awards with the Chair on a six-monthly basis and
may do more regular if required.
Billing Procedures - An Applicant who has been granted an award by the Chair should submit
bills relating to their legal expenses at monthly intervals to the Solicitor to
the Inquiry at the email address or postal address stated below. Bills must
be received no later than 14 days following the end of the month to which
they relate. Should additional time be needed, an application for an
extension must be sought in advance of this two-week grace period
expiring. Where bills are submitted late, without prior approval, the Inquiry
reserves the right to impose an appropriate percentage reduction on any
amount paid, or decline payment in accordance with paragraph 35 below. - Bills must be submitted on the template supplied by the Inquiry with the
Award Letter, and should contain the following information:
a. a breakdown of the number of hours worked by each person on
each day, specifying details of the work undertaken and the time
spent on it;
b. the hourly rates charged for each person;
c. a list of all disbursements claimed; and
d. where work has been undertaken by Counsel, details of Counsel’s
fees (supported by detailed fee notes). - The relevant part of the United Kingdom for the purposes of the
assessment of an award shall be England and Wales. - The Solicitor to the Inquiry (or such member of the legal team as they may
delegate this task to) will assess the amount of the award. In assessing the
amount that is to be awarded in respect of each bill submitted, the
Solicitor to the Inquiry will have regard to all the circumstances, including
in particular whether the expenses:
a. were proportionately and reasonably incurred;
b. are proportionate and of a reasonable amount; and
c. claimed in accordance with the procedures set out in this Protocol. - Any work undertaken by an Applicant’s RLR which relates to matters
outside the Inquiry’s Terms of Reference and/or the issues which the
Inquiry identifies for investigation, or which otherwise does not comply
with the terms of the award, will be disallowed. - Where the Solicitor to the Inquiry determines that the full amount of an
Applicant’s legal expenses should be paid, that assessment is also the final
assessment. - If an Applicant or their RLR disagrees with the Solicitor to the Inquiry’s
initial assessment of a bill relating to their legal expenses, they must notify
the Solicitor to the Inquiry of this as soon as reasonably practicable and, in
any event, within 21 days of the initial assessment being sent. The
procedure set out in Rule 29 of the Inquiry Rules will then be followed. - Where there remains a disagreement following completion of the
procedure set out in the Inquiry Rules the Chair must either:
a. engage the assistance of a Costs Judge of the Senior Courts of
England and Wales by referring the assessment together with all
relevant evidence and documentation to that Costs Judge; or
b. require the Solicitor to the Inquiry to issue a final assessment of the
disputed Bill of Costs. - Where:
a. the Chair decides that an award is not to be reviewed; or
b. the Solicitor to the Inquiry and the Applicant agree on the amount of
the assessment at any time after the Chair’s referral of the
application to the Costs Judge and before the date of the review
hearing, the Chair will make an award and arrange for payment of
the final assessment. - Where the Costs Judge has reviewed the amount of the award, the Chair
will make an award and arrange for payment of the Costs Judge’s
assessment. - All payments will be made either by Bankers’ Automated Clearing System
(BACS) or payable order at the Inquiry’s discretion. To enable payment to
be made, bank account details must be provided. - All applications, correspondence or queries about awards should be sent
to the Inquiry by email at Contact@LampardInquiry.org.uk or by post –
The Lampard Inquiry, PO Box 78136, London, SW1P 9WW. Should you wish
to speak to a member of the Inquiry team, you may also call 020 7972
3500. - Failure to adhere to, and comply with, any of the matters or procedures set
out in this Protocol could result in payment being delayed, appropriately
reduced or refused. - The Chair and Solicitor to the Inquiry have discretion to vary the
application of the terms of this Protocol on a case-by-case basis where it is
considered necessary for the proper conduct of the Inquiry, subject to the
constraints of the Minister’s Section 40 Determination.
Review - If this Protocol requires amendment during the course of the Inquiry, an
updated version will be published on the Inquiry’s website at the earliest
opportunity. Any amendments will be subject to the review and approval
of the Chair.Updated 21 March 2025
You can download a copy of the Legal Costs Application Form here:
