Scope and Responsibilities
Q1: What is the scope of the QLR role?
A: The scope of the QLR role involves preparing for and conducting cross-examination on behalf of parties prohibited from doing so themselves. For detailed information, please refer to the statutory guidance, available at: Qualified legal representative appointed by the Court: Statutory guidance – GOV.UK.
Q2: What are the responsibilities of a QLR regarding preparation and attendance at court?
A: When appointed by the court, a QLR must appropriately prepare for the case to the best of their ability and attend court as required. Only the court can terminate a QLR’s appointment – a QLR cannot self-terminate their appointment. If a QLR fails to prepare adequately or attend court when required, it may be appropriate to report their conduct to their legal professional body.
Q3: Can a QLR delegate their appointment to another QLR without a direction/formal appointment from the court?
A: The appointment of QLRs is at the discretion of the court. A QLR cannot delegate their appointment to another QLR without a formal direction or appointment from the court.
Q4: Can QLRs terminate their own appointment?
A: Only the court has the authority to terminate a QLR’s appointment. QLRs who are appointed by the court must undertake the work as directed.
Q5: What happens if QLRs do not show up to court?
A: The court relies on QLRs to fulfil their appointed duties. If a QLR does not attend, the court may take appropriate actions, including reporting the QLR to their legal professional body.
Q6: Are QLRs permitted to represent the litigant in person / prohibited party in other aspects of the case?
A: The role of the QLR is limited to preparing for and undertaking cross examination, as set out in the statutory guidance. QLRs cannot be appointed by the court for purposes outside the statutory framework, such as drafting orders on behalf of the court. Private instructions for cross-examination should be documented as outside the QLR scheme. While a QLR may accept direct appointments for other case aspects, this is unusual.
Training
Q1: What training must QLRs do?
A: QLRs must undertake training on advocacy and vulnerable witnesses. Barristers, solicitors, and CILEx practitioners with relevant cross-examination training can register for the scheme. If a QLR has not undertaken relevant advocacy training, they must commit to completing it within 6 months of signing up. More detail on training requirements is set out in the statutory guidance.
Q2: Where can QLRs find training?
A: QLRs should contact their legal professional body for information about available training.
Q3: Is a record kept of QLRs undertaking training?
A: QLRs should inform HMCTS when they have completed their training.
Q4: Is there training for the judiciary on the role of QLRs?
A: Training for the judiciary is determined independently by the judiciary to maintain judicial independence. Consequently, the government does not influence or make decisions regarding judicial training.
Q: What is included in a court bundle, and how is it prepared?
A: A court bundle typically includes all relevant documents such as statements, evidence, court forms, applications, and court orders. The applicant is usually responsible for preparing the bundle, which must be agreed upon by both parties. For QLRs, the court will aim to provide the bundle 7 days before the hearing. It should be noted that HMCTS staff are not expected to comply with PD27A when creating bundles. A new IT system is expected to be rolled out nationally in the next year, which will standardise the format of all bundles.
Q: How does HMCTS manage the allocation of work to QLRs?
A: HMCTS typically contacts all QLRs registered to work at their court when an appointment is available, as per statutory guidance. To ensure they are considered for appointments, QLRs should keep their preferences (e.g., location and willingness to travel) up to date by contacting HMCTS at QLRCross-Exam@justice.gov.uk.
Fees and Payments
Q1: What fees can QLRs claim?
The fees that QLRs can claim are set out in regulations: The Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) Regulations 2022. These include fixed fees for preliminary and cross-examination hearings, and a bundle bolt-on fee.
Q2: How can QLRs claim fees?
Guidance on how to claim fees from the Legal Aid Agency (LAA) is set out at: Qualified Legal Representative: claiming guidance – GOV.UK
Q3: How are payments handled for QLRs if the duration of a case changes? What happens if cross-examination does not proceed?
A: The fee regulations and payment claims guidance outline the fees that QLRs can claim. The guidance confirms that a cross-examination fixed fee can only be claimed if cross-examination is undertaken. If the hearing proceeds without cross-examination, then it must be billed as a preliminary hearing.
If the hearing is cancelled, the correct fee will be determined by if the hearing was listed for cross-examination.
If the duration of the case changes, QLRs can claim for the work undertaken as per the terms outlined in the guidance. Even if the court order allows for a QLR to claim for the number of days the cross-examination hearing was listed for, payment can only be made for the number of hearing days attended.
For specific scenarios, please refer to the fee regulations and payment claims guidance. Any questions on how a hearing should be claimed should be directed to CrossExamination@justice.gov.uk.
Q4: If the respondent or applicant fails to attend the hearing, but the hearing proceeds, can the QLR still claim payment?
Payment will be based on how the court chooses to progress the hearing and whether the QLR carries out cross-examination. If the hearing proceeds but the cross-examination is rescheduled, this should be claimed as a preliminary hearing. If the court confirms the cross-examination should proceed, and the QLR carries out cross-examination, a cross-examination hearing fee should be claimed.
Q5: Are there provisions for reserved parking or covering parking costs for QLRs?
A: There are no specific provisions for reserved parking or covering parking costs for QLRs. HMCTS generally does not offer parking spaces to any stakeholder, except as a reasonable adjustment or special measure. QLRs should refer to the fee regulations and payment claims guidance for details on what costs are claimable.
Court Procedures
Q1: What is included in a court bundle, and how is it prepared?
A: A court bundle typically includes all relevant documents such as statements, evidence, court forms, applications, and court orders. The applicant is usually responsible for preparing the bundle, which must be agreed upon by both parties. For QLRs, the court will aim to provide the bundle 7 days before the hearing. It should be noted that HMCTS staff are not expected to comply with PD27A when creating bundles. A new IT system is expected to be rolled out nationally in the next year, which will standardise the format of all bundles.
Q2: How does HMCTS manage the allocation of work to QLRs?
A: HMCTS typically contacts all QLRs registered to work at their court when an appointment is available, as per statutory guidance. To ensure they are considered for appointments, QLRs should keep their preferences (e.g., location and willingness to travel) up to date by contacting HMCTS at QLRCross-Exam@justice.gov.uk.
Complaints
Q1: Can a formal complaint be made against a QLR?
A: To make a complaint about a QLR’s conduct, you should contact their legal professional body. For questions or complaints about the QLR scheme itself (such as its scope or responsibilities), you can contact HMCTS at QLRCross-Exam@justice.gov.uk.
Where to find more information
The statutory guidance to the scheme, which provides information about the scope and responsibilities of the role, is available at: Qualified legal representative appointed by the Court: Statutory guidance – GOV.UKHYPERLINK “https://www.gov.uk/government/publications/qualified-legal-representative-appointed-by-the-court-statutory-guidance”Qualified legal representative appointed by the Court: Statutory guidance – GOV.UK.
The fee regulations, which set out the fixed fees and bundle bolt-on which QLRs can claim, are available at: The Prohibition of Cross-Examination in Person (Civil and Family Proceedings) Regulations 2022.
Guidance on how to claim payment for QLR work is available at: Qualified Legal Representative: claiming guidance – GOV.UK.
For queries about the QLR scheme and its administration in courts, contact HMCTS at QLRCross-Exam@justice.gov.uk.
For queries about payment claims, contact LAA at: CrossExamination@justice.gov.uk
