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THE BILLING OF CROWN COURT WORK - LITIGATORS & ADVOCATES - NOV 2020

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CONTENT

 

The following topics will be under consideration:

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

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

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

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  • 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)

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

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

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

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

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  • 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

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  • 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

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  • 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

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

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  • Being the Second Litigator in the case

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

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  • Judicial apportionment and where it might be appropriate

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  • 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

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

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

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