When Uplift may be Claimed

In all cases where a claim for enhanced rates is made, litigators must give full particulars in support of the claim for enhancement in a covering letter or separate sheet pursuant to the requirements of paragraph 11(4) of schedule 1 of the 2001 Funding Order, and article 6 of the 2007 Funding Order.

Following the decisions of the Costs Judges in the cases of   Ali & Others V Lord Chancellors Department (Queens Bench 26 October 2001, [2002] 2 Costs LR 2580) and R v Oldcorn (SCCO 9 January 2003, [2003] 2 Costs LR 310),  litigators must include the enhancement in their claim for each item of work or category of work claimed.

After 3rd October 2005 and before 30th April 2007

Cases where the Representation Order is dated after 3rd October 2005 and before 30th April 2007 are governed by The Criminal Defence Service (Funding) Order 2001 as amended by the The Criminal Defence Service (Funding) (Amendment) Order 2005.

Hourly rates are laid down in Schedule 2 Part 1 Paragraph 1.

Schedule 2 Part 1 Paragraph 4 (1A) allows the Determining Officer to exceed those hourly rates if persuaded by representations that any of the sub paragraphs of Schedule 2 Part 1 Paragraph 4(1) or any combination,  apply i.e.

(a) the work was done with exceptional competence, skill or expertise;

(b) the work was done with exceptional despatch; or

(c) the case involved exceptional circumstances or complexity.

By paragraph 4 in Part 1 of Schedule 2 enhancement may only be sought in respect of work relating to certain categories of offences i.e. offences in Class A, B, C, D, G or I in the Table of Offences at the end of Part 5 of Schedule 4.

Enhancement may only be allowed for certain types of work only i.e. preparation, advocacy (other than in the Crown Court), attendance at court where more than one representative is assigned, routine letters written and routine telephone calls only.

Travel and Waiting may not be enhanced.

Schedule 2 Part 1 Paragraph 4(3) specifies to what the Determining Officer must apply his mind i.e.

(a)the degree of responsibility accepted by the solicitor and his staff;

(b)the care, speed and economy with which the case was prepared; and

(c)the novelty, weight and complexity of the case.

Schedule 2 Part 1 Paragraph 4(2) allows the Determining Officer to apply enhanced rates to any particular item or class of work he thinks fit.

Schedule 2 Part 1 Paragraph 4(4) limits any enhancement allowed to a percentage not exceeding 100%.

After 30th April 2007

Cases where the Representation Order is dated after 30th April 2007 are governed by The Criminal Defence Service (Funding) Order 2007.

Hourly rates are laid down in Schedule 2 Part 1 Paragraph 3.

By Schedule 2 Part 1 Paragraph 6(1) enhanced rates may only be allowed in cases where the offence indicted, or one of them, is specified in Schedule 1 Part 6 as Class A, B, C, D, I, J or K, having regard if necessary to Schedule 1 Part 1 Paragraph 3 (a) to (g).
 
Schedule 2 Part 1 Paragraph 6(2) allows the Determining Officer to exceed those hourly rates if persuaded to do so by representations specifying that Schedule 2 Part 1 Paragraph 6(2)(a)(b) or (c), or any combination , apply.

Schedule 2 Part 1 Paragraph 6(4) allows the Determining Officer to apply enhanced rates to any particular item or class of work he or she thinks fit.

Schedule 2 Part 1 Paragraph 6(5) specifies to what the Determining Officer must apply his or her mind.

Schedule 2 Part 1 Paragraph 6(6) limits any enhancement to a percentage not exceeding 100%.