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criminal_bills_assessment_manual [2018/04/01 19:17]
frescom
criminal_bills_assessment_manual [2018/07/25 20:26]
frescom
Line 988: Line 988:
 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
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 General General
- 
-Criminal Bills Assessment Manual – Version 4– July 2017 22 
  
 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
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 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.
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 Travel Travel
  
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 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
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 “(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
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 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:
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 a) There is no other more local contractor available. a) There is no other more local contractor available.
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 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.
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 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.
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 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
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 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 –
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 The Compendium The Compendium
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 “(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;”
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 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
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 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.
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 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
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 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
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 “(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
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 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)…”
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 “(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…”
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 “(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
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 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.”
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 “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
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 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.
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 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
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 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.
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 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.
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 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
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 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.
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 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.
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 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.
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 3.10 Non Legal Support Service for Defendants 3.10 Non Legal Support Service for Defendants
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 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.
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 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.
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 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
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 4.1 Basis of Assessments and Appeals 4.1 Basis of Assessments and Appeals
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 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.txt · Last modified: 2018/07/25 21:00 by frescom