Clarity on requirement for Advocates Meetings to be ordered

We noted an increase in the number of claim fix discussions and rejections and appeals regarding what is defined by ‘Evidence Requirements on Submission where more than 2 Advocates Meetings are claimed’. Following protracted correspondence between our Laura Bennett and the LAA, it has been confirmed that all Advocates Meetings must be ordered to take place as per 7.135 of the Specified Contract which states the following;

“This applies for any Public Law Proceedings but only where the advocates’ meeting is directed by the court pursuant to the Public Law Outline (namely the Practice Direction issued by the President of the Family Division with effect from 6 April 2010 and any amendments thereto). The fee may not be claimed for meetings of advocates which take place on any other basis.”

As a result of the LAA’s guidance on pages 43 and 55 of the Civil Finance Electronic Handbook it is often thought by providers that the first 2 Advocates Meetings do not need to be court ordered. The LAA have confirmed that this a misunderstanding seemingly from a relaxation of the administrative billing process as set out within their guidance.  

The Public Law Outline confirms that there will be a minimum of 2 Advocates meetings. On that basis, the LAA agreed to relax the rules on providing supporting orders for the first 2 claimed. This approach is purely from an administrative point of view on billing and not evidential since all Advocates Meetings should be substantiated by a Court order and evidence of this should still be on the provider’s file as per 7.135 of the Contract as set out above. If an Advocates Meeting took place that was not ordered, it should not be claimed within the bill as to do so would breach the contract.

The overarching principle is that all Advocates Meetings need to be ordered to take place, either up front or if the meeting takes place before the first hearing in the subsequent order confirming the requirement before that initial hearing.

If Counsel have been instructed where Advocates Meetings have been claimed without being ordered in advance; then these fees will need to be recouped before the solicitors’ final bill is submitted for payment.

The LAA have acknowledged that there is a gap in the guidance which has caused a misunderstanding, and this will be revisited in a future handbook update.

Please contact Laura Bennett to discuss any query relating to this article. Laura can be contacted on 01494 728301.