The Billing of Crown Court work - Litigators & Advocates

The following topics will be under consideration:

  • The role that PPE now plays in the Billing of Crown Court work (Advocates)

  • The position regarding payment for unused material (Litigators and Advocates)

  • The position regarding the increased fees for Advocates in cases that crack

  • The circumstances in which you can claim for one complete trial and the circumstances in which you can claim for a trial and a re-trial (Litigators)

  • The fee payable to the Advocate where he/she is the Advocate at the original trial and at the re-trial

  • Deciding how many ‘cases’ you have when it comes to Billing

  • Having the classification of the offence re-classified in order to achieve a higher fee – the case-law and guidance in this area

  • PPE served in a non-paper format – discs and memory sticks

  • Fitness to plead hearings and the Advocate choosing the Banding relevant to the Count on the indictment or Banding 5.3 – don’t under-claim in this area

  • The changing of the classification of the offence where a restriction order is made under Section 41 of the Mental Health Act 1983 (Litigators) – don’t under-claim in this area

  • Clients who have been assessed as having to pay a contribution from both Income and Capital – get your advice right at the very beginning and continue to advise the client throughout as to his/her costs position as it changes

  • Time periods for billing – fee income and/or disbursements

  • Being the Second Litigator in the case

  • The distinction between being ‘sent’ to the Crown Court and being ‘committed for sentence’ to the Crown Court and the different fees claimable

  • Judicial apportionment and where it might be appropriate

  • The fees claimable for the client where the Crown Court Judge makes a Defendant’s Costs Order pursuant to Section 16 of the Prosecution of Offences Act 1985

  • The importance of Statutory Instrument 2016 No.313 and Statutory Instrument 2013 No. 435

  • Special Preparation – the tests are different as between Litigators and Advocates

© 2020 Colin Beaumont

30/05/2020

What is the current position on theft by way of low value shoplifting?

30/05/2020

What is the current position on theft by way of low value shoplifting?