Common errors in bills of costs
The Legal Aid Agency have added an article to their website setting out some of the most common errors picked up in bills of costs. I think it is important to highlight one aspect of the article that could easily cause confusion – the section regarding “Show Causes”. The article states the following:
Work should not be claimed for when a ‘show cause’ notice is in place. A ‘show cause’ notice puts an embargo on legal aid certificates until clients are able to ‘show cause’ why it should not be revoked or discharged.
No work can be claimed for during the period that the “show cause” is in place, even if it is later removed.
See: Funding code procedures C55.3
I am concerned that it will cause confusion as it does not specifically make clear the fact that this only applies to pre LASPO Certificates. When LASPO was introduced Regulation 42(3) of the Civil Legal Aid (Procedures) Regulations 2012 provided for the a new procedure namely a ‘notification of an intention to withdraw a determination’ which was the equivalent of the funding code’s show cause. However one of the important distinctions was that if the notification was subsequently withdrawn then work done in the meantime would be claimable as if there was no gap in cover. This position is confirmed in the Legal Aid Agency’s Civil Finance Electronic Handbook:
As the term 'show cause' is commonly used in both pre and post LASPO cases it is important to remember that the requirement to exclude work during a 'show cause' only applies to pre LASPO certificates. The majority of bills being dealt with now should be LASPO certificates (granted 1st April 2013 onwards).
UPDATE: 27th April 2016
The Legal Aid Agency have now updated the page in question so that it fully takes account of the above. The updated article can be accessed here.
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