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criminal_bills_assessment_manual
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criminal_bills_assessment_manual [2018/07/25 20:26] 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. | ||
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| 3.6 Solicitor Agents and Solicitor Advocates | 3.6 Solicitor Agents and Solicitor Advocates | ||
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| Solicitor Agents | Solicitor Agents | ||
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| 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. | ||
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| 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. | ||
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| 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: | ||
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| “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 | ||
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| 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. | ||
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| 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 | ||
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| 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 | ||
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| 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. | ||
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| 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 | ||
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| 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 | ||
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| 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 | ||
criminal_bills_assessment_manual.1532550390.txt.gz · Last modified: 2018/07/25 20:26 by frescom
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