The clock is ticking on the debate over court attendance, says DJ John Doel
The Family Advocacy Scheme introduced by the Community Legal Service (Funding) (Amendment) Order 2011 (SI 2011/1027) has been with us since 9 May 2011. It dictates how much you will be paid for publicly-funded family labour. In particular, it sets a fixed-fee for attendance at court for an interim hearing. The duration of the hearing is calculated from the time at which it was listed to commence. Attendances of longer than one hour attract a higher rate.
Provoking a riot
Advocates are now routinely asking district judges and family magistrates to order them to attend at a time earlier than the listed time of the case in order, they say, to take instructions and prepare their client. Enforcement of such a direction may not become an issue. Any failure to observe such a direction, while not amounting to a contempt of court, would incur the wrath of the court and a judge may feel inclined to commence the hearing at the listed time, even