National Taxing Team - Claim Guidance
How to lodge a claim - Litigators (Solicitors) Claims
Form 5144 (PDF 106.501Kb)
A copy of this form can be printed out and completed.
On or after 14th January 2008
On the coming into effect of the Criminal Defence Service (Funding) Order 2007 on 14th January 2008 the ex post facto scheme of remuneration for litigators ceases for defendants with representation orders after that date, in respect of general case preparation.
Litigators will thereafter be remunerated in accordance with the Litigator Graduated Fee Scheme.
The ex post facto scheme will continue only in respect of work in respect of confiscation proceedings which for the time being remains excluded from the LGFS, and separate claims for this work should continue to be lodged with the NTT until further notice.
Completing the form - information required
Litigators (solicitors) should complete form 5144 (yellow cornered form). Additional sheets may be added. Litigators may create their own version of the form so long as the format remains the same.
Litigators should ensure that the following information is on the form:
1) The indictment number(s) and name of Crown Court
2) The date of conclusion of the case
3) The firm's Legal Aid code
4) The firm's VAT number
5) Litigator's signature
6) DX number. If your firm is not on the DX system them the full address and postal code must be stated
Completing the form - claiming the costs
Litigators should provide a narrative summary of the items of work undertaken. A brief description of each item of work done should be given. It is not sufficient simply to state "preparation", "perusal", "dictation" etc.
In respect of each item of work claimed, the date, the time taken, the grade of fee earner and the sums claimed must be specified where appropriate.
Only work reasonably undertaken by a fee earner may be claimed.
The Taxing Officer's Notes for Guidance and the Directions for Determining Officers set out how we will deal with particular issues in a claim.
Claiming work done in the Magistrates Court
Claiming an uplift on the scheduled rates
Claiming for work done in connection with an appeal to the Court of Appeal
Claiming for litigator's support for counsel in court
Documents and information required with the claim
Except for claims under £2,000 submitted under the FASTRAK process, litigators should send with the claim for costs:
1) A copy of the Representation Order and any ammendments, and any attendance certificates (as to which see here)
2) Details of the fee earners whose work is claimed i.e. name and professional status
3) A narrative setting out the nature of the case, the role of the defendant, the defence case, and any particular difficulties, and a breakdown of the prosecution papers
4) The brief and any instructions to advocates and any advices or other written work prepared by advocates
5) The file of correspondence, attendance and telephone notes
6) Proofs of evidence of the accused and any defence witnesses and copies of any other documents prepared such as schedules of evidence
7) the blue books or any other contemporaneous records or working notes of attendances, conferences, court hearings, and perusals or any other work done
8) Details of all disbursements and receipted vouchers where appropriate and any related prior authorities
9) Copies of any reports of experts obtained.
Prosecution witness statements and exhibits should not be enclosed.
Please note that where these requirements are not complied with the claim may be returned or the determination delayed to obtain the missing documents or information.
Time Limits
A claim must be submitted within 3 months of the conclusion of the proceedings to which the representation order relates. No claim can be considered after this unless an extension of time is granted. See here as to how we will deal with out of time claims.