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criminal_bills_assessment_manual [2018/04/01 19:16]
frescom
criminal_bills_assessment_manual [2018/07/25 20:21]
frescom
Line 960: Line 960:
 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.”
 +
 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
 +
 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.
 +
 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
 +
 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
 +
 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
 no extra preparation time involved. Time spent sending a fax (as opposed to preparing the content of the no extra preparation time involved. Time spent sending a fax (as opposed to preparing the content of the
 letter) is administrative work and not claimable. letter) is administrative work and not claimable.
 +
 +
 3.9 Travel and Waiting 3.9 Travel and Waiting
 General General
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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
 +
 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.
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 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.”
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 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
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 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.
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 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
criminal_bills_assessment_manual.txt · Last modified: 2018/07/25 21:00 by frescom