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criminal_bills_assessment_manual [2018/07/25 20:26]
frescom
criminal_bills_assessment_manual [2018/07/25 21:00] (current)
frescom
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 However, the time spent by the other fee-earner is not allowable. The justification for the claim should be However, the time spent by the other fee-earner is not allowable. The justification for the claim should be
 recorded on the attendance note if not readily apparent. recorded on the attendance note if not readily apparent.
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 3.6 Solicitor Agents and Solicitor Advocates 3.6 Solicitor Agents and Solicitor Advocates
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 Solicitor Agents Solicitor Agents
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 1. In accordance with 4.11 to 4.15, of the SCC Specification,​ it may be appropriate in certain 1. In accordance with 4.11 to 4.15, of the SCC Specification,​ it may be appropriate in certain
 circumstances to instruct an agent, counsel, or other approved third party. circumstances to instruct an agent, counsel, or other approved third party.
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 2. Where a solicitor is instructed by a client at some distance from his or her office, he or she should 2. Where a solicitor is instructed by a client at some distance from his or her office, he or she should
 consider whether or not it would be more appropriate to instruct a solicitor agent to represent the client. consider whether or not it would be more appropriate to instruct a solicitor agent to represent the client.
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 proper to decline instructions if a non-local solicitor considers that the costs incurred could not be wholly proper to decline instructions if a non-local solicitor considers that the costs incurred could not be wholly
 recovered under the contract R -v- Goodwin - The Taxing Compendium: recovered under the contract R -v- Goodwin - The Taxing Compendium:
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 “The solicitors appealed against the amount allowed for travelling and waiting time and expenses, their “The solicitors appealed against the amount allowed for travelling and waiting time and expenses, their
 practice being based about a hundred miles from the defendant'​s home and the local court where the practice being based about a hundred miles from the defendant'​s home and the local court where the
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 on the basis of what should reasonably have been allowed to a local solicitor.” on the basis of what should reasonably have been allowed to a local solicitor.”
 To that extent the client’s choice of solicitor is limited by reasonableness. To that extent the client’s choice of solicitor is limited by reasonableness.
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 3. If a solicitor agent is used, the agent'​s profit costs may not be claimed as a disbursement and 3. If a solicitor agent is used, the agent'​s profit costs may not be claimed as a disbursement and
 must be included within the solicitor'​s profit costs claim. must be included within the solicitor'​s profit costs claim.
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 4. Where a non-Standard Fee is claimed, the use of a solicitor agent should be shown in the 4. Where a non-Standard Fee is claimed, the use of a solicitor agent should be shown in the
 schedule of time spent on the claim form. The time spent by the agent should be incorporated into the schedule of time spent on the claim form. The time spent by the agent should be incorporated into the
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 between the parties and need not be based on prescribed hourly rates. between the parties and need not be based on prescribed hourly rates.
 Criminal Bills Assessment Manual – Version 4– July 2017 17 Criminal Bills Assessment Manual – Version 4– July 2017 17
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 5. Travel and waiting may only be claimed in respect of Undesignated Standard and non-Standard 5. Travel and waiting may only be claimed in respect of Undesignated Standard and non-Standard
 Fees. No travel or waiting may be claimed in respect of Designated Standard Fees or Designated nonStandard Fees. No travel or waiting may be claimed in respect of Designated Standard Fees or Designated nonStandard
 Fees. Fees.
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 6. Where the Assessor decides that local agents should have been used to save time and expense, 6. Where the Assessor decides that local agents should have been used to save time and expense,
 a notional assessment should be undertaken. Reference should be made to the PoP CRIMLA 21 see: a notional assessment should be undertaken. Reference should be made to the PoP CRIMLA 21 see:
 https://​www.gov.uk/​guidance/​legal-aid-points-of-principle-of-general-importance-pop https://​www.gov.uk/​guidance/​legal-aid-points-of-principle-of-general-importance-pop
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 In-House Advocates In-House Advocates
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 7. Some solicitors have obtained higher court advocacy rights in criminal proceedings which mean 7. Some solicitors have obtained higher court advocacy rights in criminal proceedings which mean
 that they have a right of audience in any court in the same way as barristers. Pursuant to the definition that they have a right of audience in any court in the same way as barristers. Pursuant to the definition
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 employed in-house (an in-house advocate) will be treated as a solicitor for the purposes of remuneration employed in-house (an in-house advocate) will be treated as a solicitor for the purposes of remuneration
 in the Magistrates Court. in the Magistrates Court.
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 8. Where an in-house advocate appears in the Magistrates’ Court as an Assigned Counsel he or 8. Where an in-house advocate appears in the Magistrates’ Court as an Assigned Counsel he or
 she will be entitled to claim advocacy rates in accordance with the rates set out in the Criminal Legal Aid she will be entitled to claim advocacy rates in accordance with the rates set out in the Criminal Legal Aid
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 rates. Preparation for a hearing should be claimed at the hourly preparation rate set out in the Criminal rates. Preparation for a hearing should be claimed at the hourly preparation rate set out in the Criminal
 Legal Aid (Remuneration) Regulations 2013. Legal Aid (Remuneration) Regulations 2013.
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 9. Subject to the exception in para 10 below, and when acting as an Assigned Counsel, in-house 9. Subject to the exception in para 10 below, and when acting as an Assigned Counsel, in-house
 advocate’s fees should be claimed as profit costs. advocate’s fees should be claimed as profit costs.
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 10. When an in-house advocate (from a different Provider) provides an opinion (like counsel), as per 10. When an in-house advocate (from a different Provider) provides an opinion (like counsel), as per
 4.16-4.19 of the SCC Specification,​ that solicitor’s charges should be included as a disbursement in the 4.16-4.19 of the SCC Specification,​ that solicitor’s charges should be included as a disbursement in the
 instructing solicitor’s bill. This recognises that the solicitor with higher court advocacy rights is providing instructing solicitor’s bill. This recognises that the solicitor with higher court advocacy rights is providing
 the same service as a barrister. the same service as a barrister.
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 11. If an in-house advocate acts as on behalf of his or her own Provider or is instructed as an 11. If an in-house advocate acts as on behalf of his or her own Provider or is instructed as an
 advocate on behalf of another Provider when higher court advocacy rights are not required, his or her advocate on behalf of another Provider when higher court advocacy rights are not required, his or her
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 required his or her charges may be included as a disbursement in the instructing solicitor’s bill in the required his or her charges may be included as a disbursement in the instructing solicitor’s bill in the
 same way as a barrister’s would be. same way as a barrister’s would be.
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 12. Payment should be claimed at the relevant “preparation rate”. If the payment is properly claimed 12. Payment should be claimed at the relevant “preparation rate”. If the payment is properly claimed
 as a disbursement the appropriate hourly rate depends upon the rate which the in-house advocate as a disbursement the appropriate hourly rate depends upon the rate which the in-house advocate
 providing the opinion is entitled to charge. It does not depend upon the rate that the conducting solicitor providing the opinion is entitled to charge. It does not depend upon the rate that the conducting solicitor
 is entitled to charge. is entitled to charge.
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 13. Where work done by an in-house advocate is claimable as a disbursement,​ it should be shown 13. Where work done by an in-house advocate is claimable as a disbursement,​ it should be shown
 as such on their claim for payment and any claim for payment on account. In each case, a copy of the as such on their claim for payment and any claim for payment on account. In each case, a copy of the
criminal_bills_assessment_manual.txt · Last modified: 2018/07/25 21:00 by frescom