National Taxing Team - Claim Guidance
How to lodge a claim - Advocates' Claims
Form 5145 (Excel 22.016Kb)
This downloads a copy of the form which may be completed on-screen
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Advocates Ex Post Facto (EPF) claims
On or after 30th April 2007
The Criminal Defence Service (Funding) Order 2007 finally ended the ex post facto regime for the payment of virtually all Advocates fees in the Crown Court. In proceedings covered by representation orders dated on or after 30th April 2007 all Advocates remuneration will be covered by the new Graduated Fee Scheme. Article 5(i) of the 2007 Funding Order refers.
Remuneration claims for appeals and committals for sentence from the Magistrates Court, and for breach hearings will be covered by fixed fees (paragraph 17 of schedule 1) but where the application of such a fee would be inappropriate taking into account all of the relevant circumstances of the case, the appropriate officer may allow such amounts as appear to be reasonable remuneration in accordance with paragraph 17(5). Claims for fees where the Advocate requests the discretion to be exercised should therefore continue to lodged with the NTT on form 5145 (the red corner form)
Before 30th April 2007
For proceedings covered by representation orders dated before 30th April 2007, the classes of work for which advocates are remunerated is dealt with at schedule 4 part 1 paragraph 6(2) of the The Criminal Defence Service (Funding) Order 2001.
Schedule 1 paragraph 12(4) provides that "In any proceedings in the Crown Court:
(a) in respect of the classes of work specified in paragraph 6(2) of schedule 4 (whether or not the proceedings are ones to which that schedule applies) the appropriate officer shall proceed in accordance with the provisions of paragraph 15 as if the fee earner who did the work had been a barrister."
A practitioner who performs advocacy work is therefore an advocate for the purpose of the Funding Order, whether from the solicitors or barristers branch of the profession.
Paragraph 15(2) provides that: "In any proceedings specified in paragraph 2 or 3 of schedule 1, the appropriate officer shall allow a graduated or fixed fee"
Therefore in a graduated fee case as defined in the 2001 Funding Order, advocates claim a graduated or fixed fee from the Crown Court where the work was done.
Paragraph 15(5) provides that: "The appropriate officer may, except in relation to work for which a graduated of fixed fee isallowed under subparagraph (2), allow any of the following fees ..."
Therefore if the case is not a graduated fee case as defined in the 2001 Funding Order, advocates claim an "ex post facto" fee from the NTT in accordance with the guidance below.
Advocates are not able to claim travel or waiting time.
Travel expenses are governed by paragraph 25 of schedule 5 of the Funding Order
Advocates should complete form 5145 (red cornered form) for the following types of cases:
Trials before 30th April 2007
When the trial lasted over 25 days (for representation orders dated before 2nd August 2004) or over 40 days (for representation orders dated between 2nd August 2004 and 30th April 2007)
Guilty pleas and cracked trials before 3rd October 2005
For guilty pleas (for representation orders dated before 3rd October 2005) with more than 400 pages of statements and exhibits served as the committal bundle together with properly served Notices of Additional Evidence; or over 80 witnesses
For cracked trials (for representation orders dated before 3rd October 2005) with over 250 pages of statements and exhibits served as the committal bundle together with properly served Notices of Additional Evidence; or over 80 witnesses
Advocates' fees in guilty pleas and cracked trials covered by representation orders dated on or after 3rd October 2005 are wholly covered by the Graduated Fees Scheme.
Appeals and Committals for Sentence from the Magistrates Court and Breaches
Committals for sentence, and appeals to the Crown Court may be claimed ex post facto if it is considered that the fixed fee otherwise payable would not be appropriate in all the circumstances of the case. Schedule 1 paragraph 15(4) of the Criminal Defence Service (Funding) Order 2001 (for representation orders before 30th April 2007) or schedule 1 paragraph 17(4) of the Criminal Defence Service (Funding) Order 2007 (for representation orders on or after 30th April 2007) refer.
Any claims under these sections must be include a full statement setting out why it is considered that the fixed fee would not be appropriate.
Discontinued Cases and other fees before 30th April 2007
When the case was discontinued before PDH (i.e. there is no indictment)
Preliminary hearings should be claimed on an ex post fact basis in accordance with the decision of the Costs Judge in the case of R v Smith (Supreme Court Costs Office 10th March 2004, [2004] 2 Costs LR 348)
Making the claimAdvocates should ensure that the following information is on the form:
(a) The indictment number(s) and name of Crown Court
(b) The date of case disposal
(c) VAT number
(d) Counsels year of call or Solicitors date of admission and date of Higher Court Advocacy certificate
(e) Advocates signature
(f) DX numbers should be stated. If you are not on the DX system them the full address and postal code must be stated
Advocates should send with the claim for costs:
(a) A copy of the Representation Order
(b) Copies of any written work claimed
(c) Their log of preparation work done
The National Taxing Team, supported by the Bar Council considers that all Counsels' claims should include a contemporaneous log that sets out the date on which work was done, time spent (to the nearest quarter hour) and a broad indication of what was done. The NTT has agreed with the Bar Council that claims which cannot be determined in a reasonable time because of the absence of such a log should be rejected. Bar News May 2000 refers.
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