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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. | ||
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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: | ||
+ | |||
“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. | ||
+ | |||
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. | ||
+ | |||
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 | ||
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not seem to justify the disallowance of any routine letter written, or any routine telephone call, other than | not seem to justify the disallowance of any routine letter written, or any routine telephone call, other than | ||
abortive calls which the last sentence expressly excludes.” | abortive calls which the last sentence expressly excludes.” | ||
+ | |||
19. Where a message is left (even if a voicemail) the routine rate should be allowed provided this | 19. Where a message is left (even if a voicemail) the routine rate should be allowed provided this | ||
constitutes an attempt to progress the case. | constitutes an attempt to progress the case. | ||
E-mails | E-mails | ||
+ | |||
20. Where an e-mail is sent instead of a letter then it can be allowed as a letter on normal principles. | 20. Where an e-mail is sent instead of a letter then it can be allowed as a letter on normal principles. | ||
A printout of the e-mail must be kept on file. No separate claim can be made for sending a hard copy as | A printout of the e-mail must be kept on file. No separate claim can be made for sending a hard copy as | ||
no extra preparation time is involved. Evidence of all e-mail communication should be retained on file. | no extra preparation time is involved. Evidence of all e-mail communication should be retained on file. | ||
+ | |||
21. As with the above paragraph 9, an email of substantial length may be claimed at the preparation | 21. As with the above paragraph 9, an email of substantial length may be claimed at the preparation | ||
rate, if it is reasonable. | rate, if it is reasonable. | ||
+ | |||
22. Internal e-mail communication within a Provider should be treated as an overhead, except where | 22. Internal e-mail communication within a Provider should be treated as an overhead, except where | ||
it forms part of case preparation e.g. sending a note for advocate via e-mail. Routine e-mails received | it forms part of case preparation e.g. sending a note for advocate via e-mail. Routine e-mails received | ||
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more than one recipient, i.e. only one item may be claimed for. | more than one recipient, i.e. only one item may be claimed for. | ||
Text Messages | Text Messages | ||
+ | |||
23. If a text message is sent instead of making a routine telephone call, the text may be claimed as a | 23. If a text message is sent instead of making a routine telephone call, the text may be claimed as a | ||
routine call, provided that the reason for using text instead of the telephone is justified on file and the | routine call, provided that the reason for using text instead of the telephone is justified on file and the | ||
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routine letter or call. | routine letter or call. | ||
Faxes | Faxes | ||
+ | |||
24. Where a letter is sent by fax or attached to an email then it is claimable on normal principles. | 24. Where a letter is sent by fax or attached to an email then it is claimable on normal principles. | ||
However, no separate claim can be made for the subsequent hard copy of the letter as there has been | However, no separate claim can be made for the subsequent hard copy of the letter as there has been | ||
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 | 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 | ||
(10.85, of the SCC Specification). | (10.85, of the SCC Specification). | ||
+ | |||
2. Police Station Fixed Fees usually include an element of travel and waiting as part of the fees. | 2. Police Station Fixed Fees usually include an element of travel and waiting as part of the fees. | ||
Travel and waiting time would therefore only be remunerated separate to the fee in exceptional claims. | Travel and waiting time would therefore only be remunerated separate to the fee in exceptional claims. | ||
+ | |||
3. Where a solicitor deals with more than one case on the same day, travelling and waiting time and | 3. Where a solicitor deals with more than one case on the same day, travelling and waiting time and | ||
travel disbursements should be apportioned appropriately between each case provided that there is no | travel disbursements should be apportioned appropriately between each case provided that there is no | ||
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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. | ||
+ | |||
+ | |||
Travel | Travel | ||
+ | |||
4. Whenever travel time is incurred, the Assessor should consider whether it was reasonable for the | 4. Whenever travel time is incurred, the Assessor should consider whether it was reasonable for the | ||
journey to be made and whether the time claimed for that journey is reasonable. There is an expectation | journey to be made and whether the time claimed for that journey is reasonable. There is an expectation | ||
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 | ||
convenient, having regard to the relevant circumstances in each case;” | convenient, having regard to the relevant circumstances in each case;” | ||
+ | |||
5. Both the costs of the disbursement, and the time taken at the profit cost travel rate, should be | 5. Both the costs of the disbursement, and the time taken at the profit cost travel rate, should be | ||
taken into consideration. Where applicable, and travel time is claimable, both elements need to be borne | taken into consideration. Where applicable, and travel time is claimable, both elements need to be borne | ||
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the fund of the former might be greater in the particular circumstances if one adds in the extra time the | the fund of the former might be greater in the particular circumstances if one adds in the extra time the | ||
journey will take at the hourly travelling time rate. | journey will take at the hourly travelling time rate. | ||
+ | |||
6. First class travel may be claimed, but only where it is explicitly proven to be the most economical | 6. First class travel may be claimed, but only where it is explicitly proven to be the most economical | ||
fare available at the time and the appropriate evidence is retained on file. | fare available at the time and the appropriate evidence is retained on file. | ||
+ | |||
7. The contract does not prevent the solicitor from travelling to attend on counsel, experts, | 7. The contract does not prevent the solicitor from travelling to attend on counsel, experts, | ||
witnesses or site inspections where it is appropriate to do so. The contract is primarily concerned with | witnesses or site inspections where it is appropriate to do so. The contract is primarily concerned with | ||
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could be referred to a more local contractor. It is unlikely to be reasonable for a Provider to claim for | could be referred to a more local contractor. It is unlikely to be reasonable for a Provider to claim for | ||
travel for more than one hour each way. | travel for more than one hour each way. | ||
+ | |||
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 | ||
should be noted and kept on the file. | should be noted and kept on the file. | ||
+ | |||
11. The amount allowed in respect of reasonable travel should reflect the full cost and time spent on | 11. The amount allowed in respect of reasonable travel should reflect the full cost and time spent on | ||
each journey. Reference should be made to the PoP CRIMLA 33 see: | each journey. Reference should be made to the PoP CRIMLA 33 see: | ||
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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 – | ||
+ | |||
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 | ||
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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. | ||
+ | |||
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 | ||
+ | |||
+ | |||
“(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)…” | ||
+ | |||
“(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 | ||
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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.” | ||
+ | |||
“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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evidence should refer to the particular journey, the date of the journey, the class of fare, the price of the | evidence should refer to the particular journey, the date of the journey, the class of fare, the price of the | ||
disbursement, and the case concerned. | disbursement, and the case concerned. | ||
+ | |||
25. The cost of travel by air may only be allowed if there is no reasonable alternative and the class of | 25. The cost of travel by air may only be allowed if there is no reasonable alternative and the class of | ||
fare is reasonable in all the circumstances, or if air travel is more economical taking into account the time | fare is reasonable in all the circumstances, or if air travel is more economical taking into account the time | ||
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transport should be allowed. | transport should be allowed. | ||
Waiting | Waiting | ||
+ | |||
26. A solicitor may have very little control over the amount of time spent waiting at court for the case | 26. A solicitor may have very little control over the amount of time spent waiting at court for the case | ||
to be called. The Assessor should only disallow this element of a claim if it appears excessive i.e. in | to be called. The Assessor should only disallow this element of a claim if it appears excessive i.e. in | ||
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excess of 20 units (2 hours) as a rough guide. A note must be included on the file to outline why any | excess of 20 units (2 hours) as a rough guide. A note must be included on the file to outline why any | ||
excessive waiting time has been claimed. | excessive waiting time has been claimed. | ||
+ | |||
27. A solicitor cannot claim as waiting time the period spent at court over the luncheon adjournment | 27. A solicitor cannot claim as waiting time the period spent at court over the luncheon adjournment | ||
R -v- Varney - The Taxing Compendium – | R -v- Varney - The Taxing Compendium – | ||
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conferences with counsel, it should not be treated as time during which a solicitor would expect to be | conferences with counsel, it should not be treated as time during which a solicitor would expect to be | ||
working and for which he would make a charge to his client.” | working and for which he would make a charge to his client.” | ||
+ | |||
28. This time may be used to undertake preparation work which may be remunerated according to | 28. This time may be used to undertake preparation work which may be remunerated according to | ||
the usual principles i.e. reasonableness. | the usual principles i.e. reasonableness. | ||
+ | |||
29. If the solicitor attends on the client or counsel during waiting time then this should be claimed as | 29. If the solicitor attends on the client or counsel during waiting time then this should be claimed as | ||
attendance and care should be exercised to ensure that there is no double claiming. It would not be | attendance and care should be exercised to ensure that there is no double claiming. It would not be | ||
reasonable for a solicitor to claim waiting time, plus a separate attendance. | reasonable for a solicitor to claim waiting time, plus a separate attendance. | ||
+ | |||
30. Courts may “double list” trial hearings to ensure that court time is used efficiently. If a case is | 30. Courts may “double list” trial hearings to ensure that court time is used efficiently. If a case is | ||
“stood out” at the last minute due to a re-listing, the waiting time incurred should normally be allowed as | “stood out” at the last minute due to a re-listing, the waiting time incurred should normally be allowed as | ||
the solicitor is not responsible for the double listing. | the solicitor is not responsible for the double listing. | ||
Overnight Expenses | Overnight Expenses | ||
+ | |||
31. The cost of overnight accommodation should only be allowed if the Assessor is satisfied that an | 31. The cost of overnight accommodation should only be allowed if the Assessor is satisfied that an | ||
attendance at a distance is justified and that the need for an overnight stay is justified. Even if it is | attendance at a distance is justified and that the need for an overnight stay is justified. Even if it is | ||
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at some stage in the case. Reference should be made to the PoP CRIMLA 31 see: | at some stage in the case. Reference should be made to the PoP CRIMLA 31 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 | ||
+ | |||
32. Where overnight expenditure can be reasonably justified (with receipts), taking into consideration | 32. Where overnight expenditure can be reasonably justified (with receipts), taking into consideration | ||
all circumstances of the case, the following/rates will apply: | all circumstances of the case, the following/rates will apply: | ||
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Overnight (other than at a hotel) Up to £25 per night | Overnight (other than at a hotel) Up to £25 per night | ||
Congestion Charging and Toll Roads | Congestion Charging and Toll Roads | ||
+ | |||
33. Where a solicitor’s usual daily commute triggers the Congestions Charge that charge should not | 33. Where a solicitor’s usual daily commute triggers the Congestions Charge that charge should not | ||
be claimed on work done in relation to a case. | be claimed on work done in relation to a case. | ||
+ | |||
34. A fee-earner who has driven into the zone (who does not normally do so) within charging hours | 34. A fee-earner who has driven into the zone (who does not normally do so) within charging hours | ||
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 | ||
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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. | ||
+ | |||
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 | ||
Line 1181: | 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. | ||
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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 |