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letter containing an expert’s report, then the actual time spent considering the letter may be charged as | letter containing an expert’s report, then the actual time spent considering the letter may be charged as | ||
preparation, provided that it is reasonable. | preparation, provided that it is reasonable. | ||
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11. Where a letter is produced to a standard format then the presumption would be that the routine | 11. Where a letter is produced to a standard format then the presumption would be that the routine | ||
letter rate should be claimed for that letter. Where a routine letter is adapted to include content that is | letter rate should be claimed for that letter. Where a routine letter is adapted to include content that is | ||
particular to the client’s case and materially progresses the case, the time involved in drafting that part of | particular to the client’s case and materially progresses the case, the time involved in drafting that part of | ||
the letter may be allowed as preparation, provided that it exceeds the time threshold set out above. | the letter may be allowed as preparation, provided that it exceeds the time threshold set out above. | ||
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12. Letters are subject to the reasonableness test in the usual way and where a number of separate | 12. Letters are subject to the reasonableness test in the usual way and where a number of separate | ||
letters are produced to deal with matters which could reasonably, conveniently and appropriately have | letters are produced to deal with matters which could reasonably, conveniently and appropriately have | ||
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may be allowed in circumstances where it is reasonable and necessary to send separate letters (e.g. a | may be allowed in circumstances where it is reasonable and necessary to send separate letters (e.g. a | ||
case involving a child where copy letters are sent to the child’s parent or guardian). | case involving a child where copy letters are sent to the child’s parent or guardian). | ||
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13. The solicitor may, if they consider it appropriate, write to the client after each court appearance, | 13. The solicitor may, if they consider it appropriate, write to the client after each court appearance, | ||
giving details of the decision of the court and the client's next appearance before the court. The solicitor | giving details of the decision of the court and the client's next appearance before the court. The solicitor | ||
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case. Reference should be made to the PoP CRIMLA 2 see: | case. Reference should be made to the PoP CRIMLA 2 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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14. It will not usually be reasonable to allow a claim for a letter written by a secretary or other nonfee-earner | 14. It will not usually be reasonable to allow a claim for a letter written by a secretary or other nonfee-earner | ||
without any specific action by the fee-earner, unless it can be construed as fee-earner work | without any specific action by the fee-earner, unless it can be construed as fee-earner work | ||
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example of a letter that would not require fee-earner work would be the sending of a cheque to an | example of a letter that would not require fee-earner work would be the sending of a cheque to an | ||
expert. | expert. | ||
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15. It is good practice to provide covering letters when sending out documents. Sending the | 15. It is good practice to provide covering letters when sending out documents. Sending the | ||
document alone may be insufficient explanation to the recipient and retaining only the document on file is | document alone may be insufficient explanation to the recipient and retaining only the document on file is | ||
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Telephone Calls | Telephone Calls | ||
Criminal Bills Assessment Manual – Version 4– July 2017 21 | Criminal Bills Assessment Manual – Version 4– July 2017 21 | ||
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16. If a telephone call is claimed as non-routine attendance, and at preparation rates, a proper record | 16. If a telephone call is claimed as non-routine attendance, and at preparation rates, a proper record | ||
of its content should be provided to justify this claim. The Assessor should consider whether the call was | of its content should be provided to justify this claim. The Assessor should consider whether the call was | ||
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call satisfying these criteria and lasting over 12 minutes in length would be likely to justify a claim for | call satisfying these criteria and lasting over 12 minutes in length would be likely to justify a claim for | ||
preparation. Any call claimed as preparation must not be simultaneously claimed as a routine item. | preparation. Any call claimed as preparation must not be simultaneously claimed as a routine item. | ||
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17. The Assessor should look at the work done rather than the role of the person conducting it. | 17. The Assessor should look at the work done rather than the role of the person conducting it. | ||
Chargeable, fee-earning, work is work for which it is appropriate to make a direct charge to a client. | Chargeable, fee-earning, work is work for which it is appropriate to make a direct charge to a client. | ||
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overheads. Administrative telephone calls are generally calls to arrange appointments or other calls that | overheads. Administrative telephone calls are generally calls to arrange appointments or other calls that | ||
have no legal content. | have no legal content. | ||
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18. No allowance can be made for non-effective or abortive telephone calls i.e. where the line was | 18. No allowance can be made for non-effective or abortive telephone calls i.e. where the line was | ||
engaged or the telephone is not answered or a mobile phone is switched off. R -v- Hudson - The Taxing | engaged or the telephone is not answered or a mobile phone is switched off. R -v- Hudson - The Taxing | ||
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not seem to justify the disallowance of any routine letter written, or any routine telephone call, other than | not seem to justify the disallowance of any routine letter written, or any routine telephone call, other than | ||
abortive calls which the last sentence expressly excludes.” | abortive calls which the last sentence expressly excludes.” | ||
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19. Where a message is left (even if a voicemail) the routine rate should be allowed provided this | 19. Where a message is left (even if a voicemail) the routine rate should be allowed provided this | ||
constitutes an attempt to progress the case. | constitutes an attempt to progress the case. | ||
E-mails | E-mails | ||
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20. Where an e-mail is sent instead of a letter then it can be allowed as a letter on normal principles. | 20. Where an e-mail is sent instead of a letter then it can be allowed as a letter on normal principles. | ||
A printout of the e-mail must be kept on file. No separate claim can be made for sending a hard copy as | A printout of the e-mail must be kept on file. No separate claim can be made for sending a hard copy as | ||
no extra preparation time is involved. Evidence of all e-mail communication should be retained on file. | no extra preparation time is involved. Evidence of all e-mail communication should be retained on file. | ||
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21. As with the above paragraph 9, an email of substantial length may be claimed at the preparation | 21. As with the above paragraph 9, an email of substantial length may be claimed at the preparation | ||
rate, if it is reasonable. | rate, if it is reasonable. | ||
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22. Internal e-mail communication within a Provider should be treated as an overhead, except where | 22. Internal e-mail communication within a Provider should be treated as an overhead, except where | ||
it forms part of case preparation e.g. sending a note for advocate via e-mail. Routine e-mails received | it forms part of case preparation e.g. sending a note for advocate via e-mail. Routine e-mails received | ||
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more than one recipient, i.e. only one item may be claimed for. | more than one recipient, i.e. only one item may be claimed for. | ||
Text Messages | Text Messages | ||
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23. If a text message is sent instead of making a routine telephone call, the text may be claimed as a | 23. If a text message is sent instead of making a routine telephone call, the text may be claimed as a | ||
routine call, provided that the reason for using text instead of the telephone is justified on file and the | routine call, provided that the reason for using text instead of the telephone is justified on file and the | ||
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routine letter or call. | routine letter or call. | ||
Faxes | Faxes | ||
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24. Where a letter is sent by fax or attached to an email then it is claimable on normal principles. | 24. Where a letter is sent by fax or attached to an email then it is claimable on normal principles. | ||
However, no separate claim can be made for the subsequent hard copy of the letter as there has been | However, no separate claim can be made for the subsequent hard copy of the letter as there has been | ||
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3.9 Travel and Waiting | 3.9 Travel and Waiting | ||
General | General | ||
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Criminal Bills Assessment Manual – Version 4– July 2017 22 | Criminal Bills Assessment Manual – Version 4– July 2017 22 | ||
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1. Travel or waiting cannot be claimed separately if the case is undertaken in a designated area | 1. Travel or waiting cannot be claimed separately if the case is undertaken in a designated area | ||
(10.85, of the SCC Specification). | (10.85, of the SCC Specification). | ||
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2. Police Station Fixed Fees usually include an element of travel and waiting as part of the fees. | 2. Police Station Fixed Fees usually include an element of travel and waiting as part of the fees. | ||
Travel and waiting time would therefore only be remunerated separate to the fee in exceptional claims. | Travel and waiting time would therefore only be remunerated separate to the fee in exceptional claims. | ||
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3. Where a solicitor deals with more than one case on the same day, travelling and waiting time and | 3. Where a solicitor deals with more than one case on the same day, travelling and waiting time and | ||
travel disbursements should be apportioned appropriately between each case provided that there is no | travel disbursements should be apportioned appropriately between each case provided that there is no | ||
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where applicable. | where applicable. | ||
Travel | Travel | ||
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4. Whenever travel time is incurred, the Assessor should consider whether it was reasonable for the | 4. Whenever travel time is incurred, the Assessor should consider whether it was reasonable for the | ||
journey to be made and whether the time claimed for that journey is reasonable. There is an expectation | journey to be made and whether the time claimed for that journey is reasonable. There is an expectation | ||
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in making the journey by public transport, provided that public transport is available and is reasonably | in making the journey by public transport, provided that public transport is available and is reasonably | ||
convenient, having regard to the relevant circumstances in each case;” | convenient, having regard to the relevant circumstances in each case;” | ||
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5. Both the costs of the disbursement, and the time taken at the profit cost travel rate, should be | 5. Both the costs of the disbursement, and the time taken at the profit cost travel rate, should be | ||
taken into consideration. Where applicable, and travel time is claimable, both elements need to be borne | taken into consideration. Where applicable, and travel time is claimable, both elements need to be borne | ||
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the fund of the former might be greater in the particular circumstances if one adds in the extra time the | the fund of the former might be greater in the particular circumstances if one adds in the extra time the | ||
journey will take at the hourly travelling time rate. | journey will take at the hourly travelling time rate. | ||
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6. First class travel may be claimed, but only where it is explicitly proven to be the most economical | 6. First class travel may be claimed, but only where it is explicitly proven to be the most economical | ||
fare available at the time and the appropriate evidence is retained on file. | fare available at the time and the appropriate evidence is retained on file. | ||
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7. The contract does not prevent the solicitor from travelling to attend on counsel, experts, | 7. The contract does not prevent the solicitor from travelling to attend on counsel, experts, | ||
witnesses or site inspections where it is appropriate to do so. The contract is primarily concerned with | witnesses or site inspections where it is appropriate to do so. The contract is primarily concerned with | ||
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could be referred to a more local contractor. It is unlikely to be reasonable for a Provider to claim for | could be referred to a more local contractor. It is unlikely to be reasonable for a Provider to claim for | ||
travel for more than one hour each way. | travel for more than one hour each way. | ||
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8. However, it may be reasonable to accept instructions from a more distant client where: | 8. However, it may be reasonable to accept instructions from a more distant client where: | ||
a) There is no other more local contractor available. | a) There is no other more local contractor available. | ||
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d) The local court or the remand centre where the client is located is more than one hour’s | d) The local court or the remand centre where the client is located is more than one hour’s | ||
travelling time away. | travelling time away. | ||
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9. The greater the distance the greater the justification which will be required. | 9. The greater the distance the greater the justification which will be required. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 23 | Criminal Bills Assessment Manual – Version 4– July 2017 23 | ||
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10. The reason for accepting instructions and or making the journey when the client is at a distance | 10. The reason for accepting instructions and or making the journey when the client is at a distance | ||
should be noted and kept on the file. | should be noted and kept on the file. | ||
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11. The amount allowed in respect of reasonable travel should reflect the full cost and time spent on | 11. The amount allowed in respect of reasonable travel should reflect the full cost and time spent on | ||
each journey. Reference should be made to the PoP CRIMLA 33 see: | each journey. Reference should be made to the PoP CRIMLA 33 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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12. Local travel expenses should not be claimed if the solicitor’s office is within walking distance of | 12. Local travel expenses should not be claimed if the solicitor’s office is within walking distance of | ||
the court. A solicitor is not entitled to claim the cost of travelling from home to the office. R- v- Slessor – | the court. A solicitor is not entitled to claim the cost of travelling from home to the office. R- v- Slessor – | ||
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from his home; the journey should be deemed to start from the solicitor's office, unless he in fact started | from his home; the journey should be deemed to start from the solicitor's office, unless he in fact started | ||
from his home and that was nearer to the court than his office;” | from his home and that was nearer to the court than his office;” | ||
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13. Providers are not entitled to claim the time or costs for travelling between the Provider’s offices | 13. Providers are not entitled to claim the time or costs for travelling between the Provider’s offices | ||
unless justified for example if the witness or client requested a meeting nearer to them due to mobility | unless justified for example if the witness or client requested a meeting nearer to them due to mobility | ||
problems. The maximum fee principle will be applied to any claim where staff have travelled from a nonlocal | problems. The maximum fee principle will be applied to any claim where staff have travelled from a nonlocal | ||
office or where non-employed fee earner have been used, such as an agent or representative. | office or where non-employed fee earner have been used, such as an agent or representative. | ||
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14. It would generally be expected for the client to attend the solicitor’s office. A solicitor’s claim for | 14. It would generally be expected for the client to attend the solicitor’s office. A solicitor’s claim for | ||
travelling to attend the client may be allowed only where there is a particular reason for do so and a | travelling to attend the client may be allowed only where there is a particular reason for do so and a | ||
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telephone. Where it is deemed that an unnecessary number of journeys are made then the travel | telephone. Where it is deemed that an unnecessary number of journeys are made then the travel | ||
claimed may be disallowed. | claimed may be disallowed. | ||
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15. 9.102, of the SCC Specification confirms that the Provider must not claim more than 45 minutes | 15. 9.102, of the SCC Specification confirms that the Provider must not claim more than 45 minutes | ||
travel time each way on a Police Station exceptional claim. | travel time each way on a Police Station exceptional claim. | ||
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16. Furthermore 12.35 of the SCC Specification confirms that the Provider must not claim more than | 16. Furthermore 12.35 of the SCC Specification confirms that the Provider must not claim more than | ||
one hour each way on a Prison Law Escape Fee Case. The only exception to this is when a client is | one hour each way on a Prison Law Escape Fee Case. The only exception to this is when a client is | ||
moved Prison and the case has already reached the Escape Fee Threshold. In these circumstances a | moved Prison and the case has already reached the Escape Fee Threshold. In these circumstances a | ||
Provider may claim up to three hours travel either way (12.36-12.37 of the SCC Specification). | Provider may claim up to three hours travel either way (12.36-12.37 of the SCC Specification). | ||
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17. Assessors should note that on occasions a fee-earner may have to travel with bulky case papers | 17. Assessors should note that on occasions a fee-earner may have to travel with bulky case papers | ||
and reference books. There is also a security and confidentiality issue in that solicitors must keep the | and reference books. There is also a security and confidentiality issue in that solicitors must keep the | ||
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circumstances it may not be reasonable to expect a solicitor to use public transport. The onus is on the | circumstances it may not be reasonable to expect a solicitor to use public transport. The onus is on the | ||
solicitor to provide relevant justification on file. | solicitor to provide relevant justification on file. | ||
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18. The mileage rate outlined at Part 5.48, of the SCC Specification should only be paid where the | 18. The mileage rate outlined at Part 5.48, of the SCC Specification should only be paid where the | ||
use of a private motor vehicle was necessary (for example, because no public transport was available), | use of a private motor vehicle was necessary (for example, because no public transport was available), | ||
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the use of a private motor vehicle was otherwise reasonable (for example, where a fee earner needs to | the use of a private motor vehicle was otherwise reasonable (for example, where a fee earner needs to | ||
carry a large number of sensitive documents). | carry a large number of sensitive documents). | ||
+ | |||
19. The Mileage rate for the use of a bicycle is 20p per mile. | 19. The Mileage rate for the use of a bicycle is 20p per mile. | ||
+ | |||
20. In instances where there is no justification for the use of a private motor vehicle, the cost of public | 20. In instances where there is no justification for the use of a private motor vehicle, the cost of public | ||
transportation, or a notional public transport mileage rate (25p) may be applied. The public transport rate | transportation, or a notional public transport mileage rate (25p) may be applied. The public transport rate | ||
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cases in which it is appropriate to include an element for expenses in the fees allowed, but no allowance | cases in which it is appropriate to include an element for expenses in the fees allowed, but no allowance | ||
for the cost of time spent in travelling is made to them.” | for the cost of time spent in travelling is made to them.” | ||
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21. The Assessor should allow what is reasonable in the circumstances, bearing in mind that the | 21. The Assessor should allow what is reasonable in the circumstances, bearing in mind that the | ||
most economical fare might not always be appropriate. It would be usual to expect alternative quotes to | most economical fare might not always be appropriate. It would be usual to expect alternative quotes to | ||
be sought to identify the most competitive route. | be sought to identify the most competitive route. | ||
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22. Invoices/receipts should always be produced in support of claims for travel expenses. Where | 22. Invoices/receipts should always be produced in support of claims for travel expenses. Where | ||
travel disbursements are claimed, a dated breakdown must be provided in support. Claims for up to £20 | travel disbursements are claimed, a dated breakdown must be provided in support. Claims for up to £20 | ||
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on file. All expenses of £20 or more (excluding mileage) must be substantiated by the relevant | on file. All expenses of £20 or more (excluding mileage) must be substantiated by the relevant | ||
disbursement voucher or an explanation why it is not available on the file. | disbursement voucher or an explanation why it is not available on the file. | ||
+ | |||
23. If prior authority has been obtained to cover the expense, then the voucher and a copy of the | 23. If prior authority has been obtained to cover the expense, then the voucher and a copy of the | ||
authority must be available but there is no need to justify why the expense was incurred, unless the | authority must be available but there is no need to justify why the expense was incurred, unless the | ||
amount exceeds the prior authority given. | amount exceeds the prior authority given. | ||
+ | |||
24. The ticket and/or an internet print out for the journey undertaken should be provided alongside | 24. The ticket and/or an internet print out for the journey undertaken should be provided alongside | ||
the evidence that the fee for the journey has been paid. The onus is on the Provider to ensure that clear | the evidence that the fee for the journey has been paid. The onus is on the Provider to ensure that clear | ||
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evidence should refer to the particular journey, the date of the journey, the class of fare, the price of the | evidence should refer to the particular journey, the date of the journey, the class of fare, the price of the | ||
disbursement, and the case concerned. | disbursement, and the case concerned. | ||
+ | |||
25. The cost of travel by air may only be allowed if there is no reasonable alternative and the class of | 25. The cost of travel by air may only be allowed if there is no reasonable alternative and the class of | ||
fare is reasonable in all the circumstances, or if air travel is more economical taking into account the time | fare is reasonable in all the circumstances, or if air travel is more economical taking into account the time | ||
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transport should be allowed. | transport should be allowed. | ||
Waiting | Waiting | ||
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26. A solicitor may have very little control over the amount of time spent waiting at court for the case | 26. A solicitor may have very little control over the amount of time spent waiting at court for the case | ||
to be called. The Assessor should only disallow this element of a claim if it appears excessive i.e. in | to be called. The Assessor should only disallow this element of a claim if it appears excessive i.e. in | ||
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excess of 20 units (2 hours) as a rough guide. A note must be included on the file to outline why any | excess of 20 units (2 hours) as a rough guide. A note must be included on the file to outline why any | ||
excessive waiting time has been claimed. | excessive waiting time has been claimed. | ||
+ | |||
27. A solicitor cannot claim as waiting time the period spent at court over the luncheon adjournment | 27. A solicitor cannot claim as waiting time the period spent at court over the luncheon adjournment | ||
R -v- Varney - The Taxing Compendium – | R -v- Varney - The Taxing Compendium – | ||
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conferences with counsel, it should not be treated as time during which a solicitor would expect to be | conferences with counsel, it should not be treated as time during which a solicitor would expect to be | ||
working and for which he would make a charge to his client.” | working and for which he would make a charge to his client.” | ||
+ | |||
28. This time may be used to undertake preparation work which may be remunerated according to | 28. This time may be used to undertake preparation work which may be remunerated according to | ||
the usual principles i.e. reasonableness. | the usual principles i.e. reasonableness. | ||
+ | |||
29. If the solicitor attends on the client or counsel during waiting time then this should be claimed as | 29. If the solicitor attends on the client or counsel during waiting time then this should be claimed as | ||
attendance and care should be exercised to ensure that there is no double claiming. It would not be | attendance and care should be exercised to ensure that there is no double claiming. It would not be | ||
reasonable for a solicitor to claim waiting time, plus a separate attendance. | reasonable for a solicitor to claim waiting time, plus a separate attendance. | ||
+ | |||
30. Courts may “double list” trial hearings to ensure that court time is used efficiently. If a case is | 30. Courts may “double list” trial hearings to ensure that court time is used efficiently. If a case is | ||
“stood out” at the last minute due to a re-listing, the waiting time incurred should normally be allowed as | “stood out” at the last minute due to a re-listing, the waiting time incurred should normally be allowed as | ||
the solicitor is not responsible for the double listing. | the solicitor is not responsible for the double listing. | ||
Overnight Expenses | Overnight Expenses | ||
+ | |||
31. The cost of overnight accommodation should only be allowed if the Assessor is satisfied that an | 31. The cost of overnight accommodation should only be allowed if the Assessor is satisfied that an | ||
attendance at a distance is justified and that the need for an overnight stay is justified. Even if it is | attendance at a distance is justified and that the need for an overnight stay is justified. Even if it is | ||
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at some stage in the case. Reference should be made to the PoP CRIMLA 31 see: | at some stage in the case. Reference should be made to the PoP CRIMLA 31 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 | ||
+ | |||
32. Where overnight expenditure can be reasonably justified (with receipts), taking into consideration | 32. Where overnight expenditure can be reasonably justified (with receipts), taking into consideration | ||
all circumstances of the case, the following/rates will apply: | all circumstances of the case, the following/rates will apply: | ||
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Overnight (other than at a hotel) Up to £25 per night | Overnight (other than at a hotel) Up to £25 per night | ||
Congestion Charging and Toll Roads | Congestion Charging and Toll Roads | ||
+ | |||
33. Where a solicitor’s usual daily commute triggers the Congestions Charge that charge should not | 33. Where a solicitor’s usual daily commute triggers the Congestions Charge that charge should not | ||
be claimed on work done in relation to a case. | be claimed on work done in relation to a case. | ||
+ | |||
34. A fee-earner who has driven into the zone (who does not normally do so) within charging hours | 34. A fee-earner who has driven into the zone (who does not normally do so) within charging hours | ||
and specifically for the purposes of a case may claim for the Congestion Charge. Whenever the charge | and specifically for the purposes of a case may claim for the Congestion Charge. Whenever the charge | ||
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9. Once the ICA has made a decision there is no further right of appeal. | 9. Once the ICA has made a decision there is no further right of appeal. | ||
Criminal Bills Assessment Manual – Version 4– July 2017 30 | Criminal Bills Assessment Manual – Version 4– July 2017 30 | ||
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5. Police Station and Criminal Investigations Work | 5. Police Station and Criminal Investigations Work | ||
+ | |||
5.1 Regulations | 5.1 Regulations | ||
+ | |||
1. Police Station Advice and Assistance is provided under Part 2 of the Criminal Legal Aid (General) | 1. Police Station Advice and Assistance is provided under Part 2 of the Criminal Legal Aid (General) | ||
Regulations 2013. This should be read alongside Section 13 of the Legal Aid, Sentencing and | Regulations 2013. This should be read alongside Section 13 of the Legal Aid, Sentencing and | ||
Punishment of Offenders Act 2012, which determines the Director of Legal Aid Casework, in the context | Punishment of Offenders Act 2012, which determines the Director of Legal Aid Casework, in the context | ||
of police station work, to fund such Advice and Assistance as it considers appropriate. | of police station work, to fund such Advice and Assistance as it considers appropriate. | ||
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2. Police Station Advice and Assistance can be given either by a duty solicitor or the client’s own | 2. Police Station Advice and Assistance can be given either by a duty solicitor or the client’s own | ||
solicitor. Criminal Legal Aid can only pay for advice if that Provider holds a Contract. Subject to local | solicitor. Criminal Legal Aid can only pay for advice if that Provider holds a Contract. Subject to local |