> ### PRACTICE DIRECTION - PART 34B

> ### See also Civil Procedure Rules

> ### THIS PRACTICE DIRECTION SUPPLEMENTS CPR PART 34

> ### Scope

> 1.1 | This practice direction sets out- how to calculate the fees an examiner of the court ("an examiner") may charge; and the expenses he may recover. (CPR Rule 34.8 (3) (b) provides that the court may make an order for evidence to be obtained by the examination of a witness before an examiner of the court).
> 1.2 | The party who obtained the order for the examination must pay the fees and expenses of the examiner. (CPR rule 34.14 permits an examiner to charge a fee for the examination and contains other provisions about his fees and expenses, and rule 34.15 provides who may be appointed as an examiner of the court).

> ### The examination fee

> 2.1 | An examiner may charge an hourly rate for each hour (or part of an hour) that he is engaged in examining the witness.
> 2.2 | The hourly rate is to be calculated by reference to the formula set out in paragraph 3.
> 2.3 | The examination fee will be the hourly rate multiplied by the number of hours the examination has taken. For example- Examination fee = hourly rate x number of hours.

> ### How to calculate the hourly rate - the formula

> 3.1 | Divide the amount of the minimum annual salary of a post within Group 7 of the judicial salary structure as designated by the Review Body on Senior Salaries1, by 220 to give 'x'; and then divide 'x' by 6 to give the hourly rate.

> ### Single fee chargeable on making the appointment for examination

> 4.1 | An examiner of court is also entitled to charge a single fee of twice the hourly rate (calculated in accordance with paragraph 3 above) as "the appointment fee" when the appointment for the examination is made.
> 4.2 | The examiner is entitled to retain the appointment fee where the witness fails to attend on the date and time arranged.
> 4.3 | Where the examiner fails to attend on the date and time arranged he may not charge a further appointment fee for arranging a subsequent appointment. (The examiner need not send the deposition to the court until his fees are paid - see CPR rule 34.14 (2)).

> ### Examiners' expenses

> 5.1 | The examiner of court is also entitled to recover the following expenses- all reasonable travelling expenses; any other expenses reasonably incurred; and subject to paragraph 5.2, any reasonable charge for the room where the examination takes place.
> 5.2 | No expenses may be recovered under sub-paragraph (3) above if the examination takes place at the examiner's usual business address. (If the examiner's fees and expenses are not paid within a reasonable time he may report the fact to the court, see CPR Rule 34.14 (4) and (5)).

> ### Endnote:

> 1 | The Report of the Review Body on Senior Salaries is published annually by the Stationery Office.

Return to the Practice Directions Index