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criminal_bills_assessment_manual
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criminal_bills_assessment_manual [2018/04/01 19:02] frescom |
criminal_bills_assessment_manual [2018/04/01 19:16] frescom |
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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 | ||
| Line 995: | Line 999: | ||
| 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 | ||
| Line 1002: | Line 1007: | ||
| 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 | ||
| Line 1007: | Line 1013: | ||
| 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 | ||
| Line 1015: | Line 1023: | ||
| 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. | ||
| Line 1024: | Line 1033: | ||
| 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: | ||
criminal_bills_assessment_manual.txt · Last modified: 2018/07/25 21:00 by frescom
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