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criminal_bills_assessment_manual [2018/04/01 19:17] frescom |
criminal_bills_assessment_manual [2018/07/25 21:00] (current) frescom |
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| 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
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