The past few months have been a period of calm following the introduction of harmonised rates on 2 April 2007 and the introduction of the Unified Contract on 1 October 2007, incorporating standard fees for public law family cases. The next major change anticipated is the introduction of standard fees in private law family cases in April 2010.
With no specific family or non family law costs news to report currently, this seems a good opportunity to pick up on a few points, by reference to the Costs Assessment Guidance, Costs Assessment Guidance - Oct 07 (370 kb)that are frequently asked questions concerning Licensed Work.
Can a claim be made for photocopies? Only in exceptional cases is the answer, but we are advised that over 500 sheets is generally deemed exceptional. If a claim is made this must be at a rate that “should not exceed the lowest commercial rate obtainable”. I would suggest 5p per sheet. Paragraphs 3.36 & 3.37 refer.
Can costs incurred prior to the certificate being granted be recovered under the certificate? Work prior to the date that the certificate is granted is not covered, but any work undertaken on the day that the certificate is granted can be claimed. So, for instance, if you take instructions from a client and then obtain cover by telephone, fax or devolved powers, the certificate covers all work on that day, not just from the time that the certificate was granted. Paragraph 10.15 of the CAG refers.
The case concludes and your costs draftsman breaks the unwelcome news that you have exceeded the costs limitation on the certificate. Is there any hope? Paragraph 11.18 of the CAG explains that a “retrospective amendment” may be granted in exceptional circumstances. This is generally where events have occurred outside the control of the fee earner, such as a trial taking longer than expected or unexpectedly high counsel’s fees.
Can the full costs of bill preparation be recovered from the fund? Your costs draftsman is now recognised as a “costs fee earner” and the reasonable time spent preparing a bill of costs or claim form can be recovered from the fund. You should therefore, at least, recover the level of fees charged by your costs draftsman within the claim for costs. Paragraph 15.8 and 15.9 of the CAG refer.
We remain fully committed to our “legal aid” clients and thank you for your continuing instructions. If you have any queries in relation to the foregoing or require any costs advice then please do not hesitate to contact us. If you want to get to know us a little better I would refer you to the personal profiles on our website.
I would also remind you that we have developed a good working relationship with the High Costs Case Unit in Jarrow and can offer a comprehensive service preparing High Cost Case Plans. We are also able to work “in house”.
We do try to offer a fast, friendly and efficient service and if there are any areas where you feel that we can improve do let us know. If you are entirely satisfied please recommend us to your colleagues!