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criminal_bills_assessment_manual [2018/04/01 19:17] 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. | ||
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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 | ||
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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. | ||
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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 | ||
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In-House Advocates | In-House Advocates | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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 | ||
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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 | ||
- | 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 | ||
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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 |