User Tools

Site Tools


criminal_bills_assessment_manual

Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revision Previous revision
Next revision
Previous revision
criminal_bills_assessment_manual [2018/04/01 19:17]
frescom
criminal_bills_assessment_manual [2018/07/25 21:00] (current)
frescom
Line 730: Line 730:
 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.
 +
 3.6 Solicitor Agents and Solicitor Advocates 3.6 Solicitor Agents and Solicitor Advocates
 +
 Solicitor Agents Solicitor Agents
 +
 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.
 +
 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.
Line 739: Line 743:
 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:
 +
 “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
Line 744: Line 749:
 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.
 +
 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.
 +
 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
Line 751: Line 758:
 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
 +
 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.
 +
 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
 +
 In-House Advocates In-House Advocates
 +
 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
Line 764: Line 775:
 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.
 +
 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
Line 770: Line 782:
 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.
 +
 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.
 +
 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.
 +
 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
Line 782: Line 797:
 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.
 +
 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.
 +
 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
Line 988: Line 1005:
 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 
  
-Criminal Bills Assessment Manual – Version 4– July 2017 22+General
  
 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
Line 1004: Line 1022:
 then the solicitor should note the apportionment of costs on the file and the non-Standard Fee claim form then the solicitor should note the apportionment of costs on the file and the non-Standard Fee claim form
 where applicable. where applicable.
 +
 +
 Travel Travel
  
Line 1010: Line 1030:
 that the solicitor will use the most economical mode of transport possible whilst taking into consideration that the solicitor will use the most economical mode of transport possible whilst taking into consideration
 the practical considerations of the case. R- v -Slessor – The Compendium the practical considerations of the case. R- v -Slessor – The Compendium
 +
 “(a) prima facie the amount to be allowed is the cost of the time expended on and the expenses incurred “(a) prima facie the amount to be allowed is the cost of the time expended on and the expenses incurred
 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
Line 1031: Line 1052:
  
 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.
 +
 b) The client’s problem is so specialised that, in the solicitor’s reasonable view, there is no b) The client’s problem is so specialised that, in the solicitor’s reasonable view, there is no
 more local contractor with the expertise to deal with the case. more local contractor with the expertise to deal with the case.
 +
 c) The solicitor has significant previous knowledge of the case or dealings with the client in c) The solicitor has significant previous knowledge of the case or dealings with the client in
 relation to the issues raised by the case so as to justify renewed involvement even though relation to the issues raised by the case so as to justify renewed involvement even though
 the client is at a distance. the client is at a distance.
 +
 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.
  
 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 
  
 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
Line 1052: Line 1076:
 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 –
 +
 The Compendium The Compendium
 +
 “(b) a solicitor is not entitled to claim the cost of the time spent or cost incurred in travelling to his office “(b) a solicitor is not entitled to claim the cost of the time spent or cost incurred in travelling to his office
 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;”
 +
  
 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
Line 1061: Line 1088:
 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.
 +
  
 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
Line 1095: Line 1123:
 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 
-Criminal Bills Assessment Manual – Version 4– July 2017 24 
 is a rate per mile calculated to be equivalent to the average cost of public transport. R- v- Slessor – The is a rate per mile calculated to be equivalent to the average cost of public transport. R- v- Slessor – The
 Compendium Compendium
 +
 +
 “(e) if the journey is one which could have been made by public transport, but is accomplished by motor “(e) if the journey is one which could have been made by public transport, but is accomplished by motor
 car purely as a matter of preference, then the allowance to be made for travelling time should be the car purely as a matter of preference, then the allowance to be made for travelling time should be the
Line 1103: Line 1132:
 the less: expenses should be calculated on the basis of the "​public transport"​ mileage rate (that rate is the less: expenses should be calculated on the basis of the "​public transport"​ mileage rate (that rate is
 calculated by reference to the average cost of public transport per mile)…” calculated by reference to the average cost of public transport per mile)…”
 +
 “(f) if public transport is not available or not reasonably convenient, the actual time spent in travelling “(f) if public transport is not available or not reasonably convenient, the actual time spent in travelling
 should be allowed and the expenses should be calculated on the basis of the standard mileage rate…” should be allowed and the expenses should be calculated on the basis of the standard mileage rate…”
 +
 “(g) what may be "not reasonably convenient"​ is a matter of discretion, dependent upon the relevant “(g) what may be "not reasonably convenient"​ is a matter of discretion, dependent upon the relevant
 circumstances of each case, and what is reasonably convenient in one set of circumstances may not be circumstances of each case, and what is reasonably convenient in one set of circumstances may not be
Line 1111: Line 1142:
 may be justified - the Taxing Master urged determining officers to adopt a flexible and broad approach to may be justified - the Taxing Master urged determining officers to adopt a flexible and broad approach to
 the problem.” the problem.”
 +
 “Per curiam: so far as expenses only are concerned these rules apply equally to members of the Bar in “Per curiam: so far as expenses only are concerned these rules apply equally to members of the Bar in
 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
Line 1192: Line 1224:
 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
 is incurred it is subject to reasonableness. is incurred it is subject to reasonableness.
 +
 35. Fee–earners based at a solicitor’s office outside the charging zone may claim the congestion 35. Fee–earners based at a solicitor’s office outside the charging zone may claim the congestion
 charge as a disbursement,​ subject to the considerations outlined below as to its reasonableness. charge as a disbursement,​ subject to the considerations outlined below as to its reasonableness.
-Criminal Bills Assessment Manual – Version 4– July 2017 26+
 36. The additional cost of the Congestion Charge should be considered when deciding the 36. The additional cost of the Congestion Charge should be considered when deciding the
 reasonableness of travel by car. As public transport is widely available within the zone, it is the solicitor'​s reasonableness of travel by car. As public transport is widely available within the zone, it is the solicitor'​s
Line 1200: Line 1233:
 evidence on the file in order to justify the use of private transport, the notional public transport mileage evidence on the file in order to justify the use of private transport, the notional public transport mileage
 rate or the cost of public transport will apply. rate or the cost of public transport will apply.
 +
 37. If a solicitor undertakes a journey including a toll road, this may be deemed a reasonable 37. If a solicitor undertakes a journey including a toll road, this may be deemed a reasonable
 disbursement. Evidence should be included on the file in order to justify why this was the most disbursement. Evidence should be included on the file in order to justify why this was the most
 economical route. economical route.
 +
 38. Since there is no charge for additional travel on the same day, the charge should be claimed as a 38. Since there is no charge for additional travel on the same day, the charge should be claimed as a
 disbursement if it has been triggered only as a result of the work on the particular case, and would not disbursement if it has been triggered only as a result of the work on the particular case, and would not
Line 1209: Line 1244:
 necessary to apportion the charge between clients as it will be triggered by the first incidence of travel necessary to apportion the charge between clients as it will be triggered by the first incidence of travel
 and should be credited to the first client attended. and should be credited to the first client attended.
 +
 39. The fund will only be responsible for the charge itself and will not pay any surcharge or penalty 39. The fund will only be responsible for the charge itself and will not pay any surcharge or penalty
 levied for late payment. levied for late payment.
 +
 40. The charge is outside the scope of VAT so VAT cannot be claimed. 40. The charge is outside the scope of VAT so VAT cannot be claimed.
 +
 3.10 Non Legal Support Service for Defendants 3.10 Non Legal Support Service for Defendants
 +
 1. Criminal Legal Aid exists to secure legal services for individuals subject to criminal investigations 1. Criminal Legal Aid exists to secure legal services for individuals subject to criminal investigations
 and criminal proceedings. As well as the services themselves, it funds expenses that are incidental or and criminal proceedings. As well as the services themselves, it funds expenses that are incidental or
 conducive to those services, such as travel costs for solicitors and experts. conducive to those services, such as travel costs for solicitors and experts.
 +
 2. Some support services are available for defendants or defence witnesses who are deemed to be 2. Some support services are available for defendants or defence witnesses who are deemed to be
 particularly vulnerable. These services support and prepare the individuals for their appearance at court, particularly vulnerable. These services support and prepare the individuals for their appearance at court,
 and assess them for the equivalent of the special measures provided for victims and witnesses. and assess them for the equivalent of the special measures provided for victims and witnesses.
 +
 3. In exceptional circumstances it may be reasonable for the Provider to claim for defendant’s travel 3. In exceptional circumstances it may be reasonable for the Provider to claim for defendant’s travel
 expenses (please refer to section 8 below). expenses (please refer to section 8 below).
-Criminal Bills Assessment Manual – Version 4– July 2017 27+ 
 4. The Appeals Procedure on Costs Assessments 4. The Appeals Procedure on Costs Assessments
 +
 4.1 Basis of Assessments and Appeals 4.1 Basis of Assessments and Appeals
 +
 1. Any assessment made under 8.30 to 8.36, of the SCC Specification shall take place on the basis 1. Any assessment made under 8.30 to 8.36, of the SCC Specification shall take place on the basis
 of determining whether work was actually and reasonably done and any disbursements actually and of determining whether work was actually and reasonably done and any disbursements actually and
criminal_bills_assessment_manual.1522610235.txt.gz · Last modified: 2018/04/01 19:17 by frescom