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criminal_bills_assessment_manual [2018/04/01 19:16] frescom |
criminal_bills_assessment_manual [2018/07/25 20:21] frescom |
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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 | ||
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. | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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 | ||
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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 | ||
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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 |