National Taxing Team - Claim Guidance
Statutes and Regulations
Legal Aid Costs Regulations
Criminal Defence Service (Funding) Order 2001
This Order makes provision for the funding and remuneration of services provided under Part I of the Access to Justice Act 1999 as part of the Criminal Defence Service. It makes provision, in Schedules 1 to 4, for the remuneration of those supplying those services. Those provisions draw to a large extent on the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989, which related to criminal representation provided under Part V of the Legal Aid Act 1988, and which are being superseded by this Order. Schedule 1 deals with the manner in which costs are to be determined and paid. Schedules 2 and 3 deal respectively with solicitors' fees, and counsel's fees to which the fees in Schedule 4 do not apply. Schedule 4 deals with fees for advocacy in the Crown Court.
This order is revoked and replaced by the Criminal Defence Service (Funding) Order 2007.
Criminal Defence Service (Funding)(Amendment No. 3) Order 2001
This Order makes amendments to the Criminal Defence Service (Funding) Order 2001 including the following: to set out the rate of fees for work carried out in the magistrates' court where a case is sent for trial to the Crown Court under section 51 of the Crime and Disorder Act 1998 (c. 37), to prohibit interim payments in respect of work for which a graduated fee is payable and to increase the qualifying period for the payment of interim payments to advocates, to set out the power of judges of the Crown Court to certify that attendance by a solicitor on an advocate is required, to extend the payment provisions in Schedule 4, for advocacy on behalf of assisted persons in the Crown Court, to trials lasting up to 30 days and to all indictable offences, regardless of the length of the prosecution evidence or the number of witnesses, to introduce a new graduated fee formula for trials lasting 11-25 days and to set out the adjusted graduated fee payable for hearings lasting not less than 25 and not more than 30 days, where it was accepted by the court at the pleas and directions hearing that the trial would not exceed 25 days.
Criminal Defence Service (Funding)(Amendment) Order 2004
This Order gives the Legal Services Commission a discretion to apply the graduated fees applicable to Crown Court cases as set out in Schedule 4 to the Criminal Defence Service (Funding) Order 2001 ("the 2001 Order") to Very High Cost Cases. It also amends the definition of a Very High Cost Case as provided for in the 2001 Order to a case where if it proceeds to trial, that trial would be likely to last for 41 days or longer. The main amendments to the 2001 Order are as follows: article 8(c)(i) substitutes current tables in paragraph 8 in Part 2 of Schedule 4 with revised tables and article 8(c)(ii) provides for new tables in paragraph 8, article 9(a) provides for a new special preparation fee where the pages of prosecution evidence exceed 10,000, and article 11 substitutes current tables in Schedule 5 with revised tables.
Criminal Defence Service (Funding)(Amendment) Order 2005
This Order amends the Criminal Defence Service (Funding) Order 2001 including the following: (a) An appeal to the High Court against a costs judge's decision will be governed by Part 52 of the Civil Procedure Rules 1998 instead of Part 8 of those rules (article 4), (b) The power to grant an uplift of solicitors' fees is restricted to certain types of work in respect of certain offences and to a maximum of 100 per cent in all cases (article 5), (c) Schedule 4 to the 2001 Order which concerns fees for advocacy in the Crown Court is amended so that it covers all guilty pleas and cracked trials (article 8), (d) New scales of graduated fees for trials in the Crown Court are substituted in the table in paragraph 8 in Part 2 of Schedule 4 (article 9 and Part 1 of the Schedule), (e) A new payment scheme for guilty pleas and cracked trials is introduced by the substitution of new scales in the table in paragraph 10 in Part 3 of Schedule 4 (article 11 and Part 2 of the Schedule), and (f) The proportions of the fees payable to advocates other than Queen's Counsel where two trial advocates are instructed to represent the same person are altered (article 17).
Criminal Defence Service (Funding) (Amendment) Order 2006
This Order amends the Criminal Defence Service (Funding) Order 2001 as follows: Schedule 2 to the 2001 Order deals with solicitors' fees. The amendment confers a right for solicitors to apply for the reclassification of certain offences when having their fees determined. The right relates only to indictable offences classified within Class H when they are not listed in the Table of Offences at the end of Schedule 4. The way an offence is classified will determine whether it may be possible to receive fees at more than the prescribed relevant rates.
Criminal Defence Service (Funding) Order 2007
This Order revokes and replaces the Criminal Defence Service (Funding) Order 2001 and makes provision for the funding and remuneration of services provided under Part 1 of the Access to Justice Act 1999 as part of the Criminal Defence Service. It provides that in proceedings in the Crown Court and Court of Appeal the Legal Services Commission shall fund representation in accordance with its duty under that Act. Articles 5 to 28 deal with the manner in which fees are to be claimed, determined and paid, including provisions permitting interim payments. Articles 29 to 31 provide for an appeal mechanism to challenge, in certain circumstances, the appropriate officer's determination of the fees payable to a representative. The provisions deal with the redetermination of fees by an appropriate officer, appeals from the appropriate officer to a Costs Judge, and appeals from the Costs Judge to the High Court. Schedule 1 sets out the graduated fees and fixed fees payable to advocates for proceedings in the Crown Court. Schedule 2 sets out the fees payable to solicitors (and other appropriately qualified persons) for proceedings in the Crown Court. Schedule 3 sets out the maximum rates payable to solicitors and advocates in Very High Cost Cases. Schedule 4 sets out the manner in which fees are to be claimed, determined and paid in proceedings in the Court of Appeal.
Criminal Defence Service (Funding) (Amendment) Order 2007
This Order amends the Criminal Defence Service (Funding) Order 2007 as follows: this Order omits the ex post facto payment provisions for solicitors (and other appropriately qualified persons) for proceedings in the Crown Court, and replaces them with a new fee scheme. It makes minor amendments to the Advocates' Graduated Fee Scheme, contained in Schedule 1 of the 2007 Order, to clarify the provisions on discontinuance and dismissal and trials lasting over 40 days. It also removes references to Very High Cost Case from 14th January 2008, which on or after that date will be remunerated in accordance with contractual arrangements entered into with the Legal Services Commission.
Legal Aid General Provisions and Regulations
An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service.
Criminal Defence Service Act 2006
An Act to make provision about representation funded as part of the Criminal Defence Service.
Criminal Defence Service (General)(No.2) Regulations 2001
These Regulations govern the provision of advice and assistance and representation by the Criminal Defence Service under Part I of the Access to Justice Act 1999.They provide for the revocation of the Criminal Defence Service (General) Regulations 2001, which they replace. They provide for (a) the proceedings which are prescribed as criminal proceedings for the purposes of section 12(2)(g) of the Act; (b) the circumstances in which an individual may receive advice and assistance, including with regard to his financial eligibility; (c) the manner in which applications for the grant of a representation order are to be made; (d) the representatives who may provide legal services; and (e) the withdrawal of representation.
Criminal Defence Service (General) (No.2) (Amendment No.2) Regulations 2004
These Regulations amend the definition of a Very High Cost Case in the Criminal Defence Service (General) (No.2) Regulations 2001 (S.I.2001/1437) to bring it into line with the definition in the Criminal Defence Service (Funding) Order 2001 (S.I.2001/855) as amended.
Criminal Defence Service (General) (No.2) (Amendment No.2) Regulations 2007
These Regulations amend the Criminal Defence Service (General)(No. 2) Regulations 2001 (S.I. 2001/1437), update references from “solicitor” to “litigator”, introduce a definition of “representative” and amend the definition of “advocate”(regulations 2, 6 and 8 to 13); provide that where a magistrates' court sends a defendant for trial at the Crown Court under section 51 of the Crime and Disorder Act 1998, the proceedings in the magistrates' court are preliminary to the proceedings in the Crown Court, so that no representation order is required for the proceedings in the magistrates' court (regulation 3); provide for applications for representation orders for appeals to the Crown Court, where a representation order has been made in respect of the proceedings in the magistrates' court, and for applications for representation orders for re-trials (regulation 4); provide for applications for representation orders in the High Court (regulation 5);
permit representation by a QC or by more than one advocate in exceptional extradition cases in magistrates' courts and update a reference to the legislation on extradition (regulation 6); provide expressly that a representation order for proceedings in the Crown Court, including orders which extend to that Court from a magistrates' court such as committals for sentence, covers representation by a junior advocate (regulation 7).
Criminal Defence Service (General) (No.2) (Amendment No.3) Regulations 2007
These Regulations amend the Criminal Defence Service (General)(No. 2) Regulations 2001 (S.I. 2001/1437), They provide that the right to choose a representative in publicly funded cases is a right, in a Very High Cost Case, to choose only a representative who is a member of a Very High Cost Case (Crime) Panel set up by the Commission.
Costs out of Central Funds
Prosecution of Offences Act 1985,
Under the terms of Part II of the Act, acquitted defendants who have privately funded their legal representation, and private prosecutors, may obtain from the Court an order to obtain their costs out of central funds. Provision is also made for the costs of court appointees out of central funds where appropriate.
Costs in Criminal Cases (General) Regulations 1986 (Word 94.50Kb)
These Regulations are made under s19 and 20 of the Prosecution of Offences Act 1985 and they provide for the determination and payment of (a) wasted costs, (b) costs out of central funds to acquitted or partially acquitted defendants, and appointees(c) payments out of central funds for witnesses, interpreters, medical practitioners, and intermediaries.
Costs in Criminal Cases (General) (Amendment) Regulations 2005
These Regulations amend Part 3 of the Costs in Criminal Cases (General) Regulations 1986. Regulation 11(7) is amended so that an appeal to the High Court against a cost judge's decision will be governed by Part 52 of the Civil Procedure Rules 1998, instead of Part 8. Regulation 12(2) is amended so that where an application is made out of time the appropriate authority, Senior Costs Judge or (as applicable) court may reduce the amount of costs awarded if it considers it reasonable to do so, subject to the applicant having an opportunity to show cause why it should not do so.
Costs in Criminal Cases (General) (Amendment) Regulations 2008
These Regulations amend the Costs in Criminal Cases (General) Regulations 1986 (S.I. 1986/1335). These Regulations make minor amendments in order to achieve consistency in the regulations on costs unnecessarily incurred, wasted costs orders and third party costs orders and update references to legal aid (regulations 3 to 5 and 9); transfer responsibility for determining most costs payable out of central funds in criminal proceedings in magistrates' courts from justices' clerks to officers appointed by the Lord Chancellor (in practice the National Taxing Team of Her Majesty's Courts Service)(regulations 6, 7, 8 and 10); update legislative references to proceedings for breaches of requirements of sentences or orders (regulation 11); provide for the payment of allowances to intermediaries (regulations 6 and 12 to 16).
Inter-partes Costs in the Criminal Courts
These Rules govern the practice and procedure to be followed in the criminal courts. The Rules are made by the Criminal Procedure Rule Committee in exercise of the powers conferred under section 69 of the Courts Act 2003 and came into force on 4 April 2005. Sections 69 to 74 of the Courts Act 2003 established the new Criminal Procedure Rule Committee, with power to make rules governing the practice and procedure in the criminal courts. Section 69(4) requires that power to be exercised with a view to securing that the criminal justice system is accessible, fair and efficient.
Part 78 relates to costs between the parties in Crown Court matters and sets out an independent code of costs assessment and appeal.